The history of the colony of Nova-Caesaria, or New Jersey : containing, an account of its first settlement, progressive improvements, the original and present constitution, and other events, to the year 1721. With some particulars since; and a short view of its present state

"

THE

HISTORY

O F

THE COLONY

O F
NOVA-CuESARIA, OR NEW-JERSEY:

CONTAINING,

AN ACCOUNT.OF ITS FIRST SETTLEMENT,

PROGRESSIVE IMPROVEMENTS,

THE ORIGINAL AND PRESENT CONSTITUTION,

AND OTHER EVENTS,

TO THE YEAR 1721.

WITH

SOME PARTICULARS SINCE;

AND

A SHORT VIEW OF ITS PRESENT STATE
BY SAMUEL SMITH.

BURLINGTON, IN NEW-JERSEY:

Printed and sold by JAMES PARKER: Sold also by

DAVID HALL, in PHILADELPHIA. M,DCC,LXV.

ENTERED according to Act of Congress, in the year 1877, by

WILLIAM S. SHARP,
In the Office of the Librarian of Congress, at Washington.

TRENTO.Y, N. J.:
WM. S. SUABF, STKBEOTYPEB ANI> PUBLISHER.

1877.

SEENBY

SERVATI
SERVICES

PREFACE TO SECOND EDITION.

In presenting to the public the second edition of " SMITH'S His-
TOUY OF NEW JERSEY," the publisher feels that he has no
apologies to offer, but believes he is supplying a long-felt public
need. The original edition was published in 1765, and, many years
*ince, became exhausted. Cognizant of this fact, and also that the
work is au oft-quoted and perfectly reliable authority upon all the
subjects of which it treats, constant inquiries and importunities
from loading business and professional men in New Jersey and
elsewhere have led to its re production, without amendment or
v.iri u ion from the original in matters of language, construction,
and general style, the endeavor being to conform, as far as practi-
cable, to the quaint order of typography prevalent a century ago.
Great care has been taken to attain correctness in these particulars,
to the end th it historians and others may rely upon it to the same
extent as ihe original edition; and, as the paging, and foot and
marginal notes have not been changed in any respect, a conflict of
indices is avoided, and facilities for reference greatly increased.

With this work is furnished a biographical sketch of the life
sind public services of the author, by his nephew, John Jay Smith,
of Germantown, Pa., a gentleman thoroughly conversant with the
f.icu, and |Mi-sit-*sinij documents of undoubted authenticity upon the
snl.jt'd. This sketch contains many matters of an interesting char-
m-tor 10 the public generally, and includes genealogical data of con-
sidordilr importance to his descendants, of whom a number are
now r sidcnts of this State and elsewhere. Another innovation is a
tiiu-ly executed copy of a map, published in 1777, by William
Fatien, Charing Cross, London, of which it is unnecessary to speak
at leng'h. as an inspection must satisfy every one of its importance
in i his connection. Although this sketch and map form no part

PBEFACE TO SECOND EDITION.

of the original edition, the fact that the former was never before
published, and that the latter was taken from the first official draft
and survey of the Province, will render them of peculiar interest,
and the publisher has, for this reason, thought them valuable
additions.

Desiring that the re-publication of this standard production of
the past shall serve in the future as an aid to those whose necessi-
ties may cause them to appreciate its merit, the publisher sincerely
hopes that the effort to place so valuable a book within the reach
of all who desire to possess themselves of it, will prove satisfactory

in every respect.

WM. S. SHARP.

TRENTON, N. J., August, 1877.

SKETCH OF THE AUTHOR.

Samuel Smith, author of the " History of New Jersey," was eldest
son of Richard Smith, esquire, of Burlington, member for twenty
years of the Assembly of West Jersey, and a flourishing merchant in,
Burlington and Philadelphia.

Richard Smith was the only son of Samuel Smith the elder, of
Bramham, West Riding of Yorkshire, England, who came to New
Jersey in 1694, and wgfc for several years a member of the Assembly.
The father of the first Samuel Smith, Richard Smith of Bramham,
Yorkshire, was one of the original proprietaries of West Jersey, and
he and his two eldest sons, John and Daniel, brothers of the elder
Samuel Smith, signed as proprietaries the " Concessions and Agree-
ments of the Proprietors and People of West Jersey," the fundamen-
tal constitution of the province.

To the above-mentiond John Smith was allotted one of the ten
original town lots of the " London Proprietors," in Burlington, with,
its annexed wood or forest lot.

Our author, who was born "12th mo., 13th, A. D. 1720," engaged,
as a young man, in his father's business as a West India merchant,
and, for a time, removed to Philadelphia. He finally settled at
Burlington, where his town-house was the one since known as the
"Coleman" house. The fine estate of "Hickory Grove," a little
beyond the " London Bridge," was his country-seat or " plantation."
He married in the "eleventh" month, 1741, Jane, daughter of
Joseph Kirkbride, and by her had several children.

He was a man of most benevolent heart, and of a conscientious
uprightness and exactness in the discharge of duty. His reading
wae extensive and accurate; the several historical works composed
by him, showing the fruits of careful research, and a clear and
agreeable style. He wis the originator of the benevolent efibrta
which resulted in the colonization of the remnant of the New Jersey

SKETCH OF THE AUTHOR.

Indians at the "Brotherton" settlement; drew up, in 1757, the
constitution of the "New Jersey Society for Helping the Indians,"
and signed its subscription list with twenty pounds. In all the
family relations, as son, brother, husband and father, Samuel Smith
was most exemplary, and was besides a prominent and useful mem-
ber of his religious community, " The Friends."

In 1765, Samuel Smith had the press of the "King's Printer"
moved to Burlington for the purpose of printing his " History of
New Jersey," as appears by the following extract:

"In 1764, James Parker, printer to the King for the Province o"
New Jersey, compiled and printed a 'Conductor Generalis' for
Justices of th'e Peace, he then holding that office in Middlesex
county, and the following year moved his press from Woodbridge to
Burlington for the accommodation of the author of the History of
New Jersey, (Smith), but on the completion of the work it was
returned to the former place." ( Whitehead's Contributions to East
Jersey History, p. 376.)

Samuel Smith filled some of the most important public offices in
the Province of New Jersey. He was, for many years, a member
and Secretary of the King's Council, Treasurer of the Province, &c.,
Ac, He died in 1776. His brother Richard was a member of the
Continental Congress.

CONTENTS.

CHAP. I.

A brief view of the discovery of America, and of the present pre-
vailing opinion respecting the manner it originally became peopled.

page 1

CHAP. II.

An account >j the country on Delaware and the North-River} while the
first was in possession of the Dutch and Swedes. . p. 19

CHAP. III.

The particulars of the English conquest, in 1664 ; and the transactions
afterwards, respecting the inhabitants on Delaware ; The arrival of
Francis Lovelace, OK governor ; part of his administration, and de-
scription of the HoarkilTs. p. 35

CHAP. IV.

King Charles the second, and duke of York's' grants, whence lord
Berkeley and sir George Carteret became seized of New- Jersey : The
Qrsl constitution of government under them : The settlement of 'Bergen,
Middletown, Shrewsbury, and Elizabeth- Town : Philip Carteret
appointed governor of Jersey: The Indian purchase of Elizabeth-
Town, by the settlers ; and the first general Jndian purchase by the
proprietors, &c. p. 59.

CHAP. V.

Major Andross appointed governor of New- York : Takes possession at
Delaware: Arrival of the first English settlers to West- Jersey, under
the duke of York's title : Lord Berkeley assigns his moiety of New-
Jersey to Byllinge, and he in trust to others : Their letter and first
commission : New- Jersey divided into the provinces East and West
Jersey ; and the declaration of the West-Jersey proprietors. p. 77.

CHAP. VI.

Arrival of more settlers to West- Jersey : Their difficulties: Their
purchases from the Indians : They lay out a town : Some of their
first sentiments of the country ; and an account of the duke of York's
two last grants, being for the provinces East and West JSTe\v- Jersey

p. 92.
CHAP. VII.

Letters from some of the settlers of West- Jersey ; and arguments against
the customs imposed at the Hoarkill by the governor of New- York

?•!"• 7 CHAP!

viii CONTENTS.

CHAP. VIII.

The first form, of government in West- Jersey under the proprietors: The

first laws they made : The method of regulating land affairs ; and a

further account of the Indians found in the first settled parts of these

provinces. P- 126

CHAR. IX.

Another ship arrives at West- Jersey : Proceedings of the general assembly N
of West-Jersey : Sir George Carteret's death : Conveyances to the
twelve Eastern proprietors : Their proposals and regulations in several
respects ; particularly in disposing of lands and building a town at
Ambo point : The twelve proprietors each take a partner, and thence
are called the twenty-four ; to whom the duke of York makes a third
and lout grant : The twenty-four establish the council of proprietors of
East- Jersey, on the footing it now is: A general view of the improve-
ments in East- Jersey in 1682: A compendium of some of the first
laws passed at Elizabeth- Town : Doubts started whether the govern-
ment of West-Jersey was granted with the soil : Jenings continued
governor of West-Jersey : And laws now passed there. p. 150

CHAP. X.

Robert Barclay appointed governor of East-Jersey, and T. Rudyard
deputy: Letters from Rudyard, S. Groome, Lawrie, and others, con-
cerned in thai settlement. p. 166
CHAP. XI.

Manner of the West- Jersey government in 1684.* their unsettled state

and succession of governors: Danger of suffering for want of food in

1687 : The division line run by G. Keith ; an agreement between

the governors Coxe and Barclay : Alteration in themanner of locating

lands in West Jersey, and the method now in use fixed : No person in

West-Jersey to purchase from the Indians, without the consent of the

council of proprietors : And instructions respecting deeds and warrants

for taking up lands. p. 189

CHAP. XII.

A flood at Delaware falls : Death and character of Thomas Olive,
Thomas Gardiner and John Woolston : Commotions in East and
West Jersey : Surrender of the two governments to queen Anne : Her
acceptance thereof; and her commission to lord, Cornbury. p. 208

CHAP. XIII.

Instructions from queen Anne to lord Cornbury. p. 230

CHAP. XIV.

Observations on lord Cornbury1 s instructions, and the privileges origi-
nally granted to the settlers; with abstracts of some of them. p. 261

CHAP. XV.

Lord Cornbury. convenes the first general assembly after the surrender .*
His speech, their address, and other proceedings : Queen Anne's
proclamation for ascertaining the rates of coin ; Cornbury dissolves

the

CONTENTS.

the assembly, and meets a new one to his mind : Their proceedings
and dissolution : A summary of the establishment and practice of the
council of proprietors of West- Jersey : Another assembly called; who
remonstrate the grievances of the province. p. 275

CHAP. XVI.

Lord Cornbury's answer to the assembly's remonstrance p. 296

CHAP. XVII.

The assembly's reply to lord Cornbury's answer to their remonstrance.

p. 311
CHAP. XVIII.

Memorial of the West-Jersey proprietors residing in England, to the
lords commissioners for trade and plantations : The lieutenant governor,
with some of the council, address the queen : The last meeting of
assembly under Cornbury's administration ; They continue their com-
plaints: Samuel Jenings's death and character. p. 336

CHAP. XIX.

Lord Lovelace arrives governor : Convenes a new assembly ; they
apply to him for a hearing on the subject of the lieutenant governor
and council's application to the queen : His death ; is succeeded by the
lieutenant governor Ingoldsby : T he first paper currency: Arrival of
governor Hunter : A short account of the first expedition to Canada:
A new assembly chosen : Their first session in Hunter's time. p. 355

CHAP. XX.

Representation of the general assembly to governor Hunter and his
answer. p. 375

CHAP. XXL

A session of general assembly : A second expedition to Canada : Meeting
of a new assembly : They quarrel : Some members designedly absent
themselves: EzpeWd the house: Several of them again return 'd,
and refused seats : A fruitful session at Crosswicks : Last session in
Hunter's time : An act passed for running the division line between
East and West-Jersey: William Burnet arrives governor: An un-
common wet harvest : Governor Burnet meets a new assembly, p. 399

CHAP. XXII.
Occurrences since the year 1721. p. 419

CHAP. XXIII.

The present state of Indian a/airs in New- Jersey. p. 440

CHAP. XXIV.

A short geographical description of the province ; and additional view
of its present state. p. 485

APPEN-

CONTENTS.
APPENDIX.

NUMB. I. The concessions and agreements of (he lords proprietors of

the province of New Ctexaria, or New- Jersey, to (did with <dl

and every of the adventurers, and all such as ahull ncdle or

plant there. p. 5 1 2

NUMB. II. The concessions and agreements of the proprietors, freehold'

ers and inhabitants of the province of West Nevr Jersey, in

America. p. 5 '11

NUMB. ni. A brief account of the province of East- Jersey, in A merlca,

published by the present proprietor^ for information cf (dl

such persons who are or may be inclined to settle themselpfK,

families and servants, in that country. f). r)30

NUMB. IV. Governor Coxe's narrative relating to the division lite,

directed to the council of proprietors of Went- Jersey.

p. 540

NUMB. v. The council of proprietors of West-Jersey to governor Bur-
net, p. 5ol
NUMB. Yl. Reasons and proposals for an amendment of the (juinti-
partite line, and the act made for the confirmation thereof.

p. 554

NUMB. VII. Minute of the council of proprietors, held at the city of

Perth- Amboy, August 17, 1742. p. 555

NUMB. VIII. The remonstrance and humble petition of the inhabitants

of East New-Jersey. p. 558

NUMB. IX. The memorial of the proprietors of East New -Jersey.

p. 5GO

NUMB. X. Opinion and answer to the lord commissioners, &c. p. 562

NUMB. xi. Memorial of the East Jersey proprietors to the lord* of

trade. p 504

NUMB. XII. The petition of the proprietors o/East and West Jersey,

to the lords justices. p. 565

NUMB. XIII. Representation of the lords of trade to the lords justices.

p. 566

NUMB. XIV. The memorial of the proprietors of East and West Jersey.

p. 570

THE

THE

PREFACE.

ALTHOUGH among the following Papers
there are some of consequence in point of interest
to most concerned in the province of New- Jersey,
scrcral of them were not to be found on record in the
pnblick offices, several were scattered in different provinces,
others could not be easily obtained, some thoj in pt*int
formerly were in but few hands, some never made publick,
and many in danger of being lost ; on this account what-
ever success may attend this undertaking as to the general
design, or disposition of the, facts, 'tis some satisfaction,
that the labour of collecting them cannot be altogether
useless.

Whoever will be at the trouble of an enquiry into the
general inexperience and methods of colonizing formerly,,
especially at the time the settlements here were first
attempted under grants, will find but little reason to doubt,
that views of permanent stability to religious and ciril
freedom, must have been the inducement to the original
adventurers to think of such a voyage. The New- England
governments had before been considerably settled from
motives of a like kind ; these, thoj near forty years later in
tlieir removal, were also protestant dissenters, and involved
in the general insecurity, that such with reason appre-
hended in the reign of king Charles tJie second ; and the
actual sufferings of many, through the mistaken policy of
tfiat time, merely j 'or a free exercise of their religious senti-

11 ments

xii PREFACE.

merits, with their own accounts of their removal, renders
it as to them indisputable; and in this, as they do not
appear to have been charg'd with any indirect violation of
religious integrity, so no instance occurs of dissatisfaction
among themselves, the? many of them were remarkably
tender on that head ; with the motives above, some of them
had without doubt, a distant prospect also of improving
their estates ; but this could not be the case so much at first
as afterwards.

However smooth the passage may look now, it must be
a reasonable supposition, that persons and families, who
lived well (which was the circumstance of many of the
settlers of this province) found it no inconsiderable trial,
to unsettle and remove 3000 miles ; besides parting with
the u&ual connections of friendship and neighbourhood, it
was in a great measure an unprov'd experiment ; and then
much out of the common course of things : The navigation
also to this part of the continent, for want of experience,
look'd difficult, and the wilderness formidable ; but what-
ever were their motives, they successively encountered

«/ t/

the hazards and hardships to which the enterprise was
exposed; and, at tlieir own expense, by the blessing of
divine providence on their labour, frugality and industry ,
laid the foundation for the present improvement of terri-
tory to the mother country ; which, tho' not in many
respects to be compared to colonies of greater extent and
growth, is nevertheless a link in the chain of some consi-
derable importance.

That a century should pass, ana very little appear
abroad of what the settlers here have been doing, is not
so much to be wondered at, when their difficulties in

procuring

PREFACE. xiii

procuring the conveniencies of living are consider' d ; but
this will hardly be allow'd, when the too genei^al negligence
as to particular rights of individuals, and the reputation
of civil policy comes in question : TUl very lately, a
variety of matters of that kind, were as much secrets to
most of the inhabitants, as they commonly are to strangers ;
and yet in many parts of the province, are justly made
tfie subject of general complaint.

Whether the endeavours here used for bringing these
into one historical view, will sufficiently answer the pur-
poses of a more general information, must now be. submitted
to experience ; they were undertaken with hopes of service
to the province, and if found but in a small degree con-
tributing to that, the end is so far answered : With this
view, they were several years since designed for the
publick, and nearly prepared ; but other occasions inter-
fering, necessarily delayed their appearance much longer
than was expected. Being sent to the press sometime in
the last spring, no transaction that hath happened since,
could be included, or is in any respect alluded to : On a
continuation, these will of course follow in their places.

To a collection principally intended to consist of a plain
state of facts, much need not be premised ; this may with
justice be said, that through the whole, the strictest
impartiality has been attended to, and if in other respects
executed according to intention, they are offered to the
publick, with as few material omissions, as the present
opportunities of collecting would allow ; yet the diffidence
attending an attempt from papers in great part not used
before on the like occasion, would plead for some allowances
as a few mistakes, especially in dates, and other minutiae,.

amony

xiv PREFACE.

among the smaller fads, may have escap'd, notwith-
standing an assiduous care to avoid them ; but these it is
hoped will not be found so considerable, as to obstruct the
service intended.

As nothing is aim'd at, more than a fair and candid
representation; any friendly hints, or materials necessary
either for collection or improvement, will be thankfully
received, and the first opportunity embraced to apply them
accordingly.

BURLINGTON, )

•6th October, 1765. /

THE

HISTORY

O F

NEW -JERSEY.

CHAP. I.

A brief view of the discovery of America, and of the
present prevailing opinion respecting the manner it
originally became peopled.

HE first effectual discoverers of ^0,2.*
America among the moderns, were
Christophoro Colon, or Colombo,
and Americo Vespucci, or Vesputius ;
of these the former is supposed to
have been a Genoese by birth, the
other a native of Florence : From him the new
world took its name, yet his history in other parti-
culars is too intricate to afford much satisfaction.**-

That

a. He made two voyages in 1497 and 149S, in the service of
Spain: Another in 1501, in the service of Portugal: In the first
he fell in among the Caribbee islands ; and the last with three ships
arrived to and discovered the eastern continent of America, 111
live degrees of south latitude.

'I America is a more common than fitting name, seeing Americus
il \V-|>ucius the Florentine, from whom this name is derived, \v;is
"not the first tinder nor author of that discovery: Columbus will
"challenge that, and more justly, with whom and under whom
" Americus made his. first voyage; howsoever after that he coasted
" a great part of the continent which Columbus had not seen, at
" the ehar^es of the Castilian anil Portugal kings; but so it might
"more rightly be termed Cabotia or Sebastiana, of Sebastian Cabot,

A "a

2 THE HIST GEY

A. D. That of the first under the well-known name of
Columbus Christopher Columbus, is readily traced; with him
therefore we begin, as the person principally con-
cerned in the discovery.

He had applied himself to the study of astronomy
and geography, and very early appeared to have a
more than common desire to understand the state of
all countries upon the face of the globe, and to make
new discoveries ; which probably was his reason for
settling at Lisbon, no nation .having push'd their
discoveries further than the Portuguese at that time;
here he employed himself in drawing maps and,
charts, and preparing himself for future enterprizes.
He married and settled in Lisbon, was of a good
family, a grave and temperate man, 6- of competent
learning, studious in the mathematicks, and from
his youth bred to navigation.

What the particular motives were that induced
him to search after this new world, are not certainly
known; some attribute it to informations he had
received, others to his skill in the nature of the globe ;
that this made him conclude it probable there must
be a great tract of land to the westward of Spain,
that it was not to be imagined the sun when it set in

that

"a Venetian, which discovered more of the continent than they
"both, about the same time, first employed by king Henry the
"seventh of England. — Columbus yet as the first discoverer deser-
" veth the name, both of the country for the first finding, and of
" modesty, for not naming it by himself, seeking rather effects
" than names of his exploits." Purchas's Pilgrim, p. 792.

b. His son who wrote his history, says, he was moderately tall
and long visaged, his complexion a good red and white, that he
had light eyes, and cheeks somewhat full, but neither too fat nor
too lean; that in his youth he had fair hair, which turned grey
before he was thirty years of age; that he was moderate in eating
and drinking, affected a plain modest garb or dress ; that he was
naturally grave, but affable to strangers, and pleasant frequently
among his domestics, strict and devout in religious matters, and
tho' a seaman, was never heard to swear or curse.

OF NEW-JERSEY.

that horizon gave light to nobody : Whatever gave A. D.
rise to the project, a discovery he resolved to attempt,
and being unable to do it at his own charge, he first
offered his service to the Genoese, next to the king of
Portugal; not meeting with encouragement from

either, he sent his brother Bartholomew to England, , 8ends his

-T7-. TT brother

to otter his service to Henry the seventh : King Henry Bartholo-

approved his proposals ; but the brother on his return ™ew to ..
being taken by pirates, and Columbus receiving no
answer, left Portugal and went to Spain: On his
application to Ferdinand and Isabella, king and queen
of Castile and Arragon, he succeeded so well, that
in the year 1492, they provided him with money, and
entrusted him witft three small ships for the expedition ;
he also obtained a grant from them to be admiral of
the western seas; all civil employments as well as
governments in the continent or world to be discovered
were to be wholly at his disposal; and besides the
revenues of the posts of admiral and vice-roy, he was
to enjoy a tenth of all the profits arising by future sail3 with
conquests ; his little squadron manned only with ninety
men set sail from Palos for the Canaries the third of
the month called August, 1492, and arriving at those
islands the twelfth, sailed from thence the first of
September, upon his grand design : he had not sailed
a fortnight to the westward before his men began to
murmur at the enterprize; they observed the wind
constantly set from east to west, and apprehended
there would be no possibility of returning if they
missed the land they were made to expect; on the
nineteenth observing birds to fly over their ships, and
on the twenty-second weeds driving by them, they
beiran to be better satisfied, concluding they were not
far from land : they continued their course several
days further westward, and meeting with no land, the
seamen mutinied to that degree, that they were almost

ready

4 . THE HISTORY

A. D. ready to throw the admiral overboard, and return
home, when happily for him they saw more birds,
weeds, pieces of boards, canes, and a shrub with the
berries upon it, swim by them, which made them
conjecture there must be islands thereabouts: It was
on the eleventh of October, about ten at night, that
the admiral first discovered a light upon the island of
His first GuanaJumijC- or Si. /S'a/tw/or, as he named it, in con-
discovery, gyration that the sight of it delivered him and his
men from the fear of perishing: It is one of the
Bahama islands, about fifteen leagues long, in the north
latitude of 15 degrees.^- Day appearing, the ships
came to anchor very near the island; the natives
crowded the shore, and beheld the ships of these new
comers with astonishment, taking them for living
creatures.^. The admiral believing there was no great
danger to be apprehended from them, went ashore in
his boat, with the royal standard, as did the other two
captains, with their colours flying, and took possession

of

c. A bay or harbour of sea or water.

d. All that is commonly remembered of the sailor who first
discovered land, is, that expecting some grot reward from the
king of Spain, and disappointed, fre took it in his 'head in a. rage
to renounce Christianity, and turn'd Mahometan.

e. One of the Iliver Indians, in his speech at the treaty of
Albany, 1754, relates the surprize of their forefathers at U>e sight
of the first ship that came up the -North river in the <ame manner;
his speeeii so far as relates to this subject \v is a> followeth:
' FATIIKKS. we an. greatly rejoiced to see you all heiv; it is by
'the will of hen veil that we are met here, and we thank you for
'this opportunity of seeing vou altogether, MS it is a long while
'since we had such a one: FATHEKS who sit pre-ent hen-, we will
'just give yon a short relation of the iong fri- nd-h.ip which h ttli
'subsisted between the white people of this country and IH : our
'forefathers had a castlr on thi- river; as one of them \\.ilk-d out
'he saw something on the river, but was at a los< to know what
'it was; he took it at first for a great ii-h ; he ran into th" castle,
'and gave notice to the other Indians; two of our fonfithers
4 went to see what it was. and found it a ves-el with IIP n in it;
'they immediately joined hands with the people in the vessel, and
* became friends.'

OF NEW- JERSEY.

of the country in the mum", of the king and queen of A. D.
Spain with great solemnity; the Indians mean while
Stood gazing at the Spaniards \vithont attempting to
oppose them. Tile admiral ordered strings tit' glass beads,
cap- and toy.- to be distributed among the natives, with
which they seemed much pleased : The principal orna-
ment about them was a thin gold plate in the form of a
crescent, hanging from the IMKC oyer the upper lip;
the admiral demanding bv signs whence they had their
gold plates, thev pointed to the smith and south-west;
he rowed in his boats about the island, to discover if
there was any thin^ worth his settling there, followed
by the natives every where, who seem'd to admire
him and his people as something more than human:
From this island masting southward 180 leagues, he
arrived at another, which he called Hispaniola, where discovers
his own ship striking on a hidden rock was lost; he H1SPUU1°-
and his crew were taken on board one of the other
Is; landing here, the natives, instead of behaving
as the others had done, tied from him; but taking
one of their women, treating her kindly, and then
letting her go back among them, she brought num-
ber- to trath'ck, who seem'd very peaceably dispos'd;
and by some means, or other finding there were gold
mines in this island, Columbus, aided by the natives,
built a fort, left thirty-nine men, with provisions for
a year, seeds to sow, and trinkets to trade with the
natives: After discovering a good part of the north
and east coast of Eispaniola, trading with the Indians
in diverse place, and near three months stay in the
island, he bent his coiir-c homewards, and arrived at returns.
Palos, in Andalusia, early in the spring 1492, 3; 1493.
having perform'd the voyage in seven months and
eleven days: Here the people received him with a
solemn procession and thanksgiving for his return,
most of his M-amen belonging to that port; the king

and

6

THE HISTOEY

A.D.

1493.

Cabot's

1497.
adventure.

finds
Greenland

and New-
foundland

and queen of Spain being at Barcelona, when the
admiral drew near the city, the court went out to meet
him ; he was receiv'd with the honors due to a
sovereign prince : Having given an account of his
voyage, he begged to be equipped according to the
dignity of his character of admiral and viceroy, that
he might plant colonies in the places he had thus
discovered, which was readily granted ; and he after-
wards made diverse other voyages to America./-

The fame of the discovery, and of the rich cargoes
brought to Old Spain at several times from thence,
being spread through other nations, gave rise to other
adventurers. The next attempt was made by Sebastian
Cabot, a Venetian by extraction, but born in England,
and being much given to the study of navigation, and
well skilPd in cosmography, he believed there might
be a passage found by the north-west to the East
Indies shorter than that lately discovered by the Cape
of Goodhope ; he made Interest with Henry the
seventh of England, who fitted out two ships to
make the discovery.

In 1497, Cabot sailed from Lisbon, in the begin-
ning of summer, and steering his course north-west,
came up with land about 60 degrees north latitude,
supposed to have been Greenland ; 9- but perceiving
the land still run north, he changed his course, in
hopes of finding a passage in less latitude. About the
50th degree, he saw that which is now well known by
the name of Newfoundland : Here he took three of
the natives, and coasted southward to the latitude of

38

/. He died in the city of Validolid in Spain, in the spring 1506,
and was buried in the cathedral of Seville, with this inscription on
his tomb, that Columbus had given a new world to Castile and Leon.

g. This country is considered as part of the American continent,
both by Hornius and Grotius. Grotius aptid Horn, de orig. Gent.
American, Lib. iii. c. 5, 6, pa. 149> 162. ut et ipse Horn. ibid.

OF NEW- JERSEY.

38 degrees ; (about Maryland) his provisions growing A. D.
scarce, and no supplies there to be expected, he re-
tun I'd to England^ where the natives he brought lived
a considerable time.'*- From this voyage and discovery
made by Cabot, the English have claimed the country
ever since, from the well known Jus Gentium, LAW
OF NATIONS, that whatever waste or uncultivated
country is disco'vered, it is the right of that prince

who

h. ' King Henry vii. commissioned John Cabot (5th of March,
'in the eleventh year of his reign) and his three sons, to sail in
'quest of unknown lands, and to annex them to the crown of
'England; with this clause, which before this time have been un-
'kiiuu'n to all Christians* His first essay as related by sir Humphry
'Gilbert, who was employed in the like service afterwards by
'queen Elizabeth, was to discover a north west passage to Cathay
'or China; in which voyage he sailed very tar eastward, with a
'quarter of the north, on the nortn side ot Terra de Labrador,
'till he came into the north latitude of sixty seven degrees and a
'half In his next voyage, which was made with his son Sebastian,
'in the year 1497; he steered to the south side of Labrador, nnd
'fell in with the island of Baccalaos, which is Newfoundland, and
'took possession both of that island and all the coast of the north
'east part of America, as far as Cape Florida; which he also by
'lauding in several parts of it, claimed in the name of his master,
'the king of England.

'In the memory of this discovery, and by way of evidence, there
'was a map or chart of the whole coast of North-America drawn
' by Sebastian ( 'allot himself, with his picture and this title, Effigies
'Seb. Caboti Angli, Filii Jo. Caboti, Venetiani, Militis Aurati,
'A:r. and with the following account of the discovery above men-
' tioued,

" In the year of onr Lord 1497, John Cabot, a Venetian, and
"his son Sebastian (with an English fleet) set out from Bristol,
"and discovered that land, which no man had before attempted.
" This discovery was made on the 24th of June about five o'clock
" in the morning. This land he called Prima Vista (or the first
because it was that part, of which they hud the h'rst sight
"from the sea. It is now called Bonavista. The island, which lies
"out before the land, he called the island of St. John, probably
"because it was discovered on the festival of St. John Baptist."

'This map was hung up in his Majesty's privy-gallery at White-
'hall; and, it is to be feared, the nation was deprived of such a
' valuable testimonial of their American title to the whole coast of
'North-America, by the fire which destroyed that gallery in the
Mate King William's reign". Entick's Gen. Hist, of the late tear,
Vol. i. p. 168, &c.

8

THE HISTORY

A. D. who had been at the charge of the discovery.''- This
from universal suffrage gives at least a right of pre-
emption, and undoubtedly must be good against all
but the Indian proprietors^

We have seen that in the discovery of North and
South-America, inhabitants were found at the places
touch'd at ; in all probability they were as plentifully
dispersed throughout the different countries of Ame-
rica ; but how these people originally came there, is a
question not easily solved ; tho' it has for' above two
centuries, been the subject of much enquiry, it is not
yet arrived at a decision.^- All therefore that can be
done, is to give a short view of the most probable
conjectures that have been hitherto offered.

It is not unlikely the new world was known to the
Phenicians, even a considerable time before the days
of Plato; who in all likelihood found but few (if
any) inhabitants there ; that they contributed towards
the planting of it, we have some reason to believe, as
they are supposed to have made three voyages thither ;
however that colonies from other nations crossed the
Atlantick, and landed in America, cannot be well
Egyptians denied ; neither the Egyptians nor Carthaginians are
and Car- supposed void of some traditional knowledge of Ame-
rica, since they are believed"'- to have communicated

such

Pheni-
cians.

i. frrotiu* de jure Lei line par-is, Lib. 2. Cap. 2. Sect. 17. Molloy
de jure Mar. 422, 423. Justinian Jnst. Lib. 2. Tit. J. Sect. 12 &
22.

k. Lex Mercat. 156. Molloy ut supra.

1. If we are not astonished (says Voltaire) that the discmrrers
found flies in America ;. it is absurd to wonder that they should meet
with men. Univ. Hist. If European whites, and African negroes,
are not descended from the same original stock ; a supposition con-
fessedly adopied by the celebrated historian, (it must be allow'd)
easy to come to a decision in the present case.

???. Perizonius and Cellaring seem to have inferr'd from thence,
that the new world wa< not entirely unknown to the remoter ages
of antiquity.

OF X E \V-.J K K S KY.

such knowledge to other nations: which it' we admit, A. D.
it follow.-, that some of the ancient Kgyptians and
Carthaginians had been tin-re, and contributed to-
wards peopling the continent, as well as the Phcnicians.
The Author of the hook <!<' M'n'uhHihiis Am/if, stip-
po-cd to be Aristotle; expressly asserts the Carthagi-
nians to have discovered an island beyond Heivn:-
pillars, abounding with all necessaries, to which they
frequently sailed; and there several of them even fixed
their habitations; but the senate, adds he, would not
permit their subjects to go thither any more, lest it
should prove the depopulation of their own country.^.
Several of the ordinal American nations we are told,
mif fhrii' (/ttrnu-ntx. the more effectually to express
their grief on any malancholly occasion; the Hebrews,
Persians, Greeks, Sabines, and Latins, according to
various authors, did the same; from whence some
mav pos>iblv imagine, that those Americans deduced
their origin from one or more of those nations; but
this is too slender a foundation for such belief:"- So
that Menasseh lien Israel, appears to have wrongly
concluded from thence, that the Israelites were the pro-
genitors of the Americans. Theophilus Spi/elins
seems to have refuted this opinion : Though the Pheni-
eians, Egyptians and Carthaginians, might have
planted some colonies, yet the bulk of the inhabitants
must certainlv have deduced their origin from another
part of the world: Had the Phenicians and Kgvptians

peopled

7?. Aristot de mund. e. 3. et de Mirah Audit. Christ. Cellar,
nhi supra, pa. '2~>'.\. .Jacoh Peri/on in yElion. Var. Hist. Lil>. 111.
C. 18.

o. William Pciin. in his letter to the committee of the free society
of traders in London, in 1(!S:'>; gives a short sketch of his opinion,
touching the origin of the Ind'ruis here, whom he imagines to be
of the stock of the .lew-, that after the dispersion of the ten trihes
emigrated through the easternmost purls of Asia, to the westernmost
of America.

10 THE HISTORY

A. D peopled even a considerable part of America, it would
scarcely have been taken so little notice of by the
antients; even supposing those nations had industriously
endeavoured to conceal their western discoveries ; for in
such case, there must have been a constant communi-
cation kept open between America, Egypt, and Pheni-
cia, and a very extensive trade carried on : so that
many particulars relating to the new world, must
necessarily have transpired ; nor could even the sailors
themselves, who navigated the Phenician ships, have
omitted divulging many accounts of what they observed
on this continent ; some of which would undoubtedly
have been transmitted to us.

That therefore, the Americans in general, were
descended from a people who inhabited a country not
so far distant as Egypt and Phenicia, must be admitted :
Now no country can be pitched upon so proper and
convenient for this purpose, as the north-eastern part
of Asia, particularly great Tartary, Siberia, and more
Karats- especially the Peninsula of Kamtschatka ; that proba-
bly was the tract through which many Tartarian colo-
nies passed into America, and peopled the most consi-
derable part of it. This however, seems the most pre-
vailing opinion.

There is great reason to believe, that some of the
western provinces of North-America, must either be
continuous to, or at no great distance from the north-
eastern part of Asia; which, we are not yet informed;
but it is probable east of Kamtschatka, there is an
immense tract approaching to North-America, and
that to this day, there remains at least a kind of com-
munication between them, by means of a chain of
islands ; it may also be supposed that Asia and America,
were formerly connected by an isthmus, which might
have been destroyed by an earthquake : such a supposi-
tion may be supported by the authority of those

writers

OF NEW- JERSEY. 11

writers who have rendered parallel instances credible, A. D.
such as the disjunction, of Britain from Gaul, and Spain
from the continent .of Africa : A communication
between Asia and America, seems agreeable to truth,
not only from what has been advanced by Reland, but
from the discoveries made by the Russians ; an account
of which we find in the publick prints of the year
1737, and since: According to these, 'some of the
C/arina's subjects have touched at several islands,
which lie at a distance in the eastern direction from
Japan and Kamtschatka, and consequently between
those countries and America. The people of these
islands, in some0 points are said to resemble the
Japanese, and to use pieces of money with characters
not unlike those of Japan. Leonard Enler, professor
of mathematicks, and member of the imperial
society at Petersburg!!, seems to imagine, that the
north-eastern cape of Asia, discovered by capt. Behring,
is not thirty degrees off the last known head-land of
California; but the ingenious Dobbs, governor of
North-Carolina, places them at a much greater dis-
tance : Be that however as it may, that the sea between
the most north-eastern coast of Asia, and the most
western part of California, allowing such a sea to California,
exist, is interspersed with many islands, at no great
distance from each other, may be very naturally sup-
posed ; nay, if any credit may be given to the advices
lately received from Petersburg!!, the connection of
Asia and America, or at least the communication
between them, by means of such islands, is as good
as discovered.

That part of America next to Asia, is said to be
much more populous than the remoter eastern pro-
vinces or kingdoms; which is a manifest indication,
that this was first planted, by colonies coming from
the nearest parts of Asia, who settled here, and Asia,

afterwards

12 THE HIS TORY

A. D. . afterwards spread themselves gradually over the new
1497

world ; from whence we mav conclude, that .the bulk

of the Americans are descended from the Tartars,
Siberians, and people of Kamtschatkn.

The people inhabiting the extreme north-eastern
part of Asia, entirely want horses, those animals not
bciiiir able to live in so cold a region; it seems to be
agreed, that no horses were found in America, at the
first discovery of it ; for that in several places, the
natives used rein deer and large mastiff dogs p instead
of them, as many of the posterity of the antient most
northern Scythians or Tartars did. The Epicerini, a
people of Canada, when the Europeans first came
among them, asserted, that very far from them, in a
western direction, there lived a nation, who affirmed
that foreign merchants, without beards, in great ships,
frequently visited their coasts: we are also told, that in
<Q"ivira. Q.uivira, several ships have been found, whose sterns
Avere adorned with silver and gold, which was a dis-
tinguishing characteristic!* of the Chinese and Japanese
ships, according to some good authors : That some
Chinese vessels of considerable force, were found
wreck'd in the Mare del nord, above Florida, which
might have been the same with those seen at Quivira, we
learn from Ancosta. In Quatulia too, a tradition pre-
vailed, intimating that foreign merchants after a leng
journey from the westward, arrived there, and that
these merchants were cloathed in silk : From whence
we may collect, that the Chinese visited America, and
•communicated some of their customs to the people of
that country, 1 especially as the Chinese manner of

writing

p. Some of the back Indians beyond Detroit,'now make use of
dogs to draw wood and other matters on sleds.

q. The people (says M. de Guignes, in a memoir upon the ancient
navigations of the Chinese to America) whom we have always be-
lieved to have been confin'd within the bounds of their own country,

penetrated.

OF NEW- JERSEY. .ia

writing in Hieroglyphics, sufficiently agrees with the A. I_>.
American dialect. We learn from Hornius, the
Hunns, or at least a branch of that people, placed in
the farthest part of Asia, had the appellation of
Cunadani, or Canadaui, from Conad, a place not far
from the sea, where, some of them had their situation;
hence we find a city in the upper Hungary, built by
their descendants, denominated Chonod, or Chunad,
the inhabitants of which, and those of the neighbouring
district, still retain the name of Chonadi, or Cunadi ;
from these Hornius believes the natives of Canada to Canada.
have deduced both their origin and denomination.

Xo

penetrated into America in the year 4o8 of the Christian ;vra. That
they went thither by Japan and the countries of Ven-chin and Ta-
han. By considering what the Chinese geographers say of the distance
and productions of these remote regions, he proves that Ven-chin
is Jrsso or Yedzo, and that Ta han is the most eastern part of the
north of A'sia. From thence the Chinese sailed towards the east,
and tell in with the country of Fou-sang, which, according to the
Chinese distances, should lie to the north of California. He gives
us, from the annals of China, a short account of the manners of the
inhabitants of Fou-sang ; he informs us further, that several islands
in the south sea were known to the Chinese; and also that coast
which John de Sama discovered in his passage from China to Mexico.
To give a more exact idea of these navigations, M. de Buache hath '
constructed a chart, on which he hath traced with a great deal of
accuracy, the route of the Chinese, arid noted the distances of the
several countries. By this chart it appears, that the geography of
these parts, taken from the ancient books of the Chinese, agrees
very well with the late discoveries of the Russians. To this chart
is added part of another ancient chart drawn by the Japonese, in
which are laid down the north of Asia, and all the western coast of
America, according to the knowledge they had of it. This conti-
nent there appears entirely terminated on the side of Asia, and we
tin I-.- see tin- isles which have been lately known to the Russians
only ; and this proves the truth of the former Japonese discoveries.
This chart was brought from Japan by the celebrated Kempfer, and
afterwards lodg'd in the cabinet of the deceased Sir Hans Sloane,
president of the royal society of London, who sent a copy of it to
M. de

Alter having determined the situation of all the countries to the
east of China, M. de (inium-s remarks, thai Chr. Columbus was
not the first who attempted discoveries towards the west: Long be-

fore

14 THE HISTORY

A. D. No small accession of strength will be brought to

the opinion before advanced, with respect to the
peopling of America, by one particular incident,
mentioned in a short narrative of the late discoveries
of the Russians. They found peopled, as should seem,
captain Behring's new land before mentioned, above
fifty German miles to the east of Kamtschatka ; for
coming to the entrance of a great river, he sent his
boats and men ashore, but they never returned, being
probably either killed or detained by the natives ; nay,

the

fore him, the Arabians, whilst they were masters of Spain and Por-
tugal, enterprized the same thing from Lisbon ; hut after having
advanced far to the west, they were obliged to put back to the
Canaries ; there they learnt that formerly the inhabitants of these
islands had sailed towards the west for a month together, to discover
new countries. Thus we see, that the most barbarous people, with-
out the knowledge of the compass, were not afraid to expose
themselves to the open sea in their slight small vessels, and that it
was not so difficult for them to get over to America, as we imagine.

These researches, which of themselves gives us a great insight
into the origin of the Americans, led M. de Guignes to determine
the rout of the colonies sent to this continent. He thinks the greatest
part of them passed thither by the most eastern extremities of Asia,
where the two continents are only separated by a narrow streight,
easy to cross. He reports instances of women, who from Canada
and Florida, have travelled to Tartary without seeing the ocean.

The commerce of the Chinese would naturally open a way to
America, augment the number of the inhabitants, and contribute
to polish them. On this occasion M. de Guignes observes, that the
most civilized nations of the American continent are situated on the
coast which Jooks towards China, and that they come originally
from the north of America, i. e. from the neighbourhood of those
countries where the Chinese landed, as Quivin and New Mexico,
whence the Mexicans came to settle in Mexico, properly so called,
after having expelled the ancient inhabitants.

M. de Guignes cites some authorities, which give us reason to
believe, that the streights of Magellan were known to the Chinese,
and that the Coreans had a settlement in Terra del Fuego. These
navigations of the Chinese, and of the most uncivilized nations,
incline him to believe, that the people dispersed in the isles to the
south of the Indies, after having multiplied, migrated from island
to island, and by means of that chain of islands which reaches al-
most to America, insensibly approached that continent. The exam-
ple of the inhabitants of the Canaries gives a probability to this
•conjecture. Gentleman's Magazine, 1753, p. 607.

OF NEW- JERSEY 15

the publiek prints in October, 1737, mention some A. D.
particulars relating to the inhabitants of certain islands
between Kamtschatka/- Japan, and America, which
seem to carry with them an air of authority. This will
amount to a fair presumption, that the islands or con-
tinent between Kamtschatka, Japan, and California,
still unknown to the Europeans, are likewise inhabited;
and if so, that those inhabitants must have advanced
gradually, from Tartary, Japan, and Kamtschatka
to the places wherein they are fixed : From whence we
may infer, that even the natives of California, and the
adjacent parts of America, took originally the same
route; for that Tartary, and Japan, must have been^
peopled before Arfterica, as lying nearer to the land
of Shinar, where the whole race of mankind was
"assembled before the dispersion, will admit of no
dispute; and that America should have received many
colonies from such neighbouring countries as Tartary,
Japan, and Kamtschatka, whether they are continuous
or contiguous to it, or connected with it, by some
intermediate continent, chain of islands, &c. is very
natural to suppose.^ So that from the tract lately
discovered to the east of Japan and Kamtschatka, and
the people settled there, we may infer the probability
of America's being planted in part by colonies drawn
from the north-eastern regions of Asia ; for by such dis- Asia.
covery, a nearer approach is made from Japan and

Kamtschatka,

r. The new history of Kamtschatka, lately published in the
IJu— inn language, and translated into English by J. Grieve, M. D.
gives :i particular description of the customs and way of living of
the inhabitants there, which agrees in several particulars, and in
the whole manner seems not very different from the original customs
of the North American Indians. For a brief account of this history,
see Monthly Review, vol. 30, p. 282.

«. Vide a memoir of M. Le Page du Pratz, containing an account
of the travels of Moneaeht-ape ; a civilized Indian of Lonisiania,
to the north-west parts of America, Gent. May. for Sept. 1753.

16 T H E II I S T 0 RY

A. \). Kamtschatka, to the coast of California; and from this
approach, a presumptive argument is drawn in favour
of the opinion here advanced.

j'ut it is time now to proceed to other matters: Such
as may incline to sec the subject further discussed, are
for brevity's sake, on a point not material enough to
dwell lung upon here, referred to the Univ. HistJ-
Whence many of the arguments on this head, are
selected; and where the inquisitive reader, amidst
much of the incredible, (with which it hath been usual
to load the subject) will find convincing proofs in
favour of what is here proposed.

Although the Knglish had very early made the
discovery of North-America, a considerable time
elapsed before any advantages accrued: Sir Walter
1584. Raleigh, in 1584, was the first Englishman who
^V"^,lter attempted to plant a colony in it.1'- In this year he
patent. obtained a patent from Queen Elizabeth, for him

and his heirs, to discover and possess for ever, under
the crown of England, all such countries and lands as
were not then possessed by any Christian prince, or
inhabited by Christian people : — Encouraged by this
grant, Raleigh and other partners, at divers times,
fitted out ships, and settled a colony at Roanor,*- in
Virginia; but notwithstanding various attempts, they
met with such discouragements, that no great improve-
ments were made until some time afterwards.
lb'06. In the year 1606, King James, without any regard

to Raleigh's right, granted a new patent of Virginia;
in which was included New-England, New- York,

New-

L Vol. xx, Loncl. Edit. 1748, pa. 1-17.

r. That is a regular colony under grants — 'Sir Armigell Wadd,
'of Yorkshire, clerk of the council to Henry viii. and Edward vi.
'and author of a. hook of travel-*, was the first Englishman that made
'discoveries in America.' II. Wai pole's anecdotes of painting, vol ii.
<>j i-mji-nn'rs, p. 18, 19. A note.

x. Now Koanoke, in North Carolina.

OF S KW- JERSEY. 17

New-Jersey, Pennsylvania, and Maryland; from A. D.
queen Elizabeth's time to the time of this patent, the
whole country bearing that name, which was given it
by Ilaleigh, in honour of his virgin mistress, as
some say ; others have it that it took its rise from
the country's not being settled before. The patentees Patentees.
were sir Thomas dates, sir George Summers, Richard
Hackluyt, clerk, Edward Maria Wingfield, Thomas
Hanliam, and Raleigh Gilbert, Esqrs. William Parker,
George Popham,)/- and others: The extent of the
land »• ran ted, was from 34 to 45 degrees of north
latitude, with all the islands lying within 100 miles
of the coast. Two^distinct colonies were to be planted
by virtue of this patent, and the property ascertained
in two different bodies of adventurers: The first to
belong to Summers, Hackluyt, and Wingfield, under
title of the London adventurers, or the London
company; and was to reach from 34 degrees to 41,
with all lands, woods, mines, minerals, &c. The
other colony was to reach from the end of the first,
in \~> drives, granting the same priviledges to Han-
ham, Gilbert, Parker, and Popham, under the name
of the Plymouth company, with liberty to both
colonies to take as many partners as they pleased; for-
bidding others to plant within those degrees, without
their licence; only reserving the fifth part of all gold
and silver mines, and the 15th part of copper, to the
u-f of the crown. By virtue of this grant, the
London company fitted out several ships with arti-
ficers of every kind, and all things requisite for a
new settlement; which sailed for America, and planted
a colony there; but in the year 1623, there were so
many complaints made of bad management, that on 1623.
enquiry a Quo warranto was issued against the patent;

and

y. L. C. J. of England.

B

18 THE HISTORY

A. D. and after a trial had in the king's bench, it was
declared forfeited ; «• since which time Virginia has been
under the immediate direction of the crown.

In the same year the patent was granted, the Ply-
mouth company also attempted to make a settlement ;
but with no great success, until about the year 1620,
when they sent a fresh recruit from England, under
the command of capt. Standish, who arrived at Cape
Cod in the latitude of 42 degrees, and having turned
the cape, found a commodious harbour opposite the
point, at the mouth of the bay, at the entry of which
were two islands well stocked with wood : Here they

Plymouth. built a town, which they called Plymouth. About
this time the colonies in New-England were much
augmented ; multitudes of dissenters thinking this a
good oportunity of enjoying liberty of conscience,
offered their service to the Plymouth company ; and
the grand patent being delivered up to the king,
other pat- particular patents were granted to the Lord Musgrave,

en^s grai ^e (|Q^e of Richmond, the earl of Carlisle, the lord
Edward Georges, and new colonies were planted in
diverse places.

CHAP.

z. Other accounts say, the patent was dissolved by the king's
proclamation, in 1(524; and that tho' a quo warranto was issued
against it, no determination followed in the courts of justice.

OF NEW -JERSEY. 19

CHAP. II.

An account of the country on Delaware, and the North river,
while the first was in possession of the Dutch and Swedes.

FR Q M what has been said, it is evident that the
colonies New- York, New-Jersey, Pennsylvania, A. D.
and Maryland, were included in the great patent, last
mentioned; but that becoming void, the crown was at
liberty to regrant the same to others; but it does not
appear that any part of those provinces was settled by
virtue thereof; nor indeed was any distinct discovery
of them made, un^il many years afterwards. New-
Jersey, Pennsylvania, and other lands adjacent, not-
withstanding the antient right of the crown of
England, deduced as aforesaid, had two pretenders
to them; the Dutch and the Swedes: The claim
the former set up, was under colour of a discovery Dutch
made in the year 1609, by Henry Hudson, an English-
man, commander of a ship called the Half-Moon,
fitted out from Holland by the East-India company,
to discover by a north-west pa—age, a nearer way to
China: In thi< voyage he sailed up to the place now
New- York, and up the river, from him called Hud-
son's river; and returning sometime after to Amster-
dam, the Dutch pretended to have purchased the chart
he made of the American coast; and having obtained
a patent from the states, in the year 1614, to trade to
New-England, they settled in New- York, which
they called Xcw-Xetherland ; and kept possession until
sir Samuel Argole, governor of Virginia, disputed
their title; alledging that the country having been
discovered by an Englishman, in right of hi< master,
"iild not suffer it to be alienated from the crown,
without the king's consent: he therefore compelled
the Dutch rolnny to submit to him, and to hold it

under

20 THE HISTORY

A. D. under the English : But sometime after a new governor
coining from Amsterdam, they not only neglected to
pay their usual acknowledgement to the governor of
Virginia, but in the year 1623, fortified their colony,
by building several forts: One on the Delaware, (by
them called South River) near Gloucester, in ^New-
Jersey, which they named Nassau ; a second on Hud-
son's, (the North River) in the province of New-
York, which they named Fort Orange; and a third
on Connecticut river, (by them called the Fresh-River)
which they named the Hirsse of Good Hope. Hudson's
River lying near the sea, and the navigation esteemed
less difficult than the other, their settlements were chiefly
on both sides of that river ; at the entrance of which,
the town by them also called New Amsterdam,
was built ; so that by the time the Swedes came into
America, which was a few years after, they had wholly
quitted the land adjacent to the river Delaware.

The proceedings of the Dutch in building the forts,
and in a manner taking possession of the country,
having' been represented to king Charles the first, his
ambassadors at the Hague made such pressing instances
to the states, that they disowned having given any
commission for what the Dutch had done,, and laid the
blame on their East-India company. Upon this king
Charles gave a commission to sir George Calvert, lately
made lord Baltimore ;«• to possess and plant that part of

America,

a. About the year 1620, while George Calvert, afterwards lord
' Baltimore, was secretary of <tate to James 1st ; he obtained a pat-
'ent for him and his heirs, to he absolute lord and proprietor (with
'the royalties of a count Palatine) of the province of Avalon, in
'Newfoundland, which was so named by him, from Avalon, in
' Somersetshire: wherein Glastonbury stands the first fruits of ehristi-
'aiiity in Britain: as the'other was in that part of America, there
'lie built a fine house, in Ferry laud, and spent £,. 25000 in
'advancing lliis new plantation: after the death of king James, he
'went twice in person to Newfoundland: — finding his plantation
' very much exposed to the insults of tlie -French, he was at hist

forced

OF NEW-JERSEY. 21

America, now called Maryland.; and to sir Edmond A. D.
Loeyden, or I'lnydni, to plant the northern parts,
towards New-England. The Dutch afraid of the power
of the English, were willing to compound matters a
second time; offering to leave their plantations, in
consideration of £. 2500 to be paid them for the
chargc< they had been at: J>ut soon after, king Charles
being involved in his troubles, was hindered from sup-
porting his colonies; they therefore not only fell from
their first proposals, but as was reported, furnished
the natives with arms, and taught them the use of them,
that by their assistance they might dispossess the English
all around them.

Matters thus circ'umstanced, we shall leave them,
in order to trace their neighbours, the Swedes into Swedes.
America ; the first settlement of whom, according
to their own account, was thus occasioned^ In the
reign of Gustaphns Adolphus, and in the year 1626, 1626.
an eminent merchant named William Useling, gave
a great character of this country, applauding it for
fruitful fertile land, abounding with all necessaries of
life; and used many arguments to persuade the Swedes
to settle a colony here : These were so prevalent, that
Gustavus issued a proclamation at Stockholm, exhort-
ing his subjects to contribute to a company associated
to the purpose aforesaid, which was called the West-
India company, confirmed by that prince : In a general
assembly the year following, sums of money were
raised to carry on the intended settlement, to which
the king, the lords of the council, the chief of his

barons,

'1 to abandon it : whereupon he went over to Virginia, and
'after having viewed tho>e parts, came lo England, and obtained
'from king Charles, who had as great a regard and affection for him
'a> king .James i a patent to him and his heirs, tor Maryland: — that
'king naming it in honour ot his beloved queen Henrietta Maria.
Jii:>i/r. llrihniin. Art. (,'<••). ( 'nlrrrt.

h. Hi<t. ofSwedeland in America, by Thomas Com pan i us Holm,

printed at Stockholm anno 1702.

22

THE HISTORY

A. D.
1623.

1627.

1630.

1631

Christeen.

Tennecum.

barons, knights, coronets, principal officers in hia
militia, bishops, clergy, and diverse of the common
people of Swedeland, Finnland and LifUand, contri-
buted; and responsible persons were chosen to see
what was propos'd put in execution, consisting of an
admiral, a vice-admiral, merchants, factors, commis-
saries, <fec. and it was concluded to get as many as they
thought fit, of those who would voluntarily ship them-
selves to America, to settle and cultivate a colony.

In 1627, the Swedes and Finns accordingly came
over hither: Their first landing was at Cape Inlopeu;
the sight created a pleasure, and they named it Paradise
Point: Some time after they purchased of xonie Indians
(but whether of such as had the proper right to convey
is not said) the land from Cape Inlopeu to the Falls
of Delaware, on both sides the river, which they called
New-Swedeland Stream ; and made presents to the
Indian chiefs, to obtain peaceable possession of the
land so purchas'd : But the Dutch continuing their
pretensions, in- 16-'SO one David Pietersz de vrics, their
countryman, built a fort within the capes of Delaware,
on the. west, about two leagues from Cape Cornelius,
at the place now Lewis-Town, then and at present
often called by the name of Hoarkill.

In 1631, the Swedes also built a fort on the- west
of Delaware, to which they gave the name the ruins of
it yet bears, Christeen. c- Here a small town was laid
out by Peter Lindstroni, their engineer, and here they
first settled; but this settlement was afterwards demo-
lished by the Dutch.

On an island called Tennecum, sixteen miles above
this town, the Swedes erected another fort, which they
named New Gottemburgh ; and John Prints, their
governor, built a fine house, and other suitable accom-
modations;

C. Near Wilmington, it gives name to a noted creek there.

O F N E W - J E R S E Y . 23

modations; planted an on-hard, and called his settle- A. D.

1 AQ1

meut Printz's Hall.: The principal freemen had also .
their plantations on this island.

About this time th<- Swedes also built forts at
( Ihester, and other places. In the same year Chancellor
Oxestiern, ambassador from Sweden, made application
to king Charles the first, to have the right the English
claimed by their being the first discoverers yielded up:
it was, (as they say,) the proof an uncertainty given up
accordingly: They also said they had purchased the
pretence the Dutch claim 'd by virtue of the prior
settlement, and buildings here; most of which were
destroy 'd before their arrival.

If this be true^ the Dutch it seems did not think
proper long to abide by their contract; but gave the
Swedes disturbances, by encroaching on their new
settlement; and both of them join'd to dispossess the
English, who also attempted to settle the eastern side
of Delaware: one Kieft, a director under the states of
Holland, assisted by the Swedes, drove the English
away, and hired the Swedes to keep them out : The '
Dutch complained, that the Swedisli governor judging
this a fair opportunity, built fort Elsinburgh* on the Elsing-
place from whence the English had been driven, and urg
from thence used great freedom with their vessels, and
all others bound up the river, making them strike to
the fort; from which they also sent men on board to
know whence the vessels came : This the Dutch deem'd
exercising an authority in a country not their own. d.
But the Musketoes were so numerous, the Swedes were

unable

d. The account here is from a manuscript copy, said to be printed in
Holland, anno \i\i\'2, tin-original in the late sir Hans Sloane's collec-
tion, entitled, ,-1 brief account of New Nether land.— In Iti.Sttihe Dutch
had ;i meeting-place for religious worship at Xrw-CastK- : and the
Swedes three, one at Christeen, one at Tenecum. and one at Wicoco.

24 THE HIS TORY

A. D. unable to live here, and therefore removing, named
the place Musketnchurgh.

The Dutch seem to have had a very great opinion
of the land near the Delaware, and were under great
apprehensions of being dispossessed by the English,
who they complained had diverse times attempted to
settle about that river and judged if they once got foot- .
ing, they would soon secure every part, so that neither
Hollander nor Swede would have any thing to say
Ploeyden. here ; in particular they mention sir Edmond Ploeyden,
as claiming property in the country, under a grant
from king James the first, who they al ledge declined
any dispute with them, but threatened to give the
Swedes a visit, in order to dispossess them. «•

John

e. In 1648, a pamphlet was published, entitled, 'A description of
1 the province of New Albion, and a direct inn jnr adventurers with
'small stock to get two for one, and good land freely f and for (ient/e/nen
'and all servtntts, labourers and artificers, to lire plentifully; and a
'former description reprinted, of the healthiest, plea*anlex,t and, rii-hrxt
'plantation of New Albion in North Virginia, proved by thirteen
'witnesses; toe/ether ivith a letter from master Robert Ecelin, that
'lived there many years, shewing the particularities and escrllem-i/
'thereof; with a brief of the charge of victualling and nerewiries, to
1 transport and bay stock for each planter or labourer there, to get his
'master £. 50 per annum, or more, in twelve trades, and at £. 10,
' charges only a man.'

From a few extracts of this pamphlet, the reader will see an
account of the country in some respects more descriptive than is
commonly to be found of that date; he will however, allow for a
little more being said than was necessary in some places.

'Now for the full and ample satisfaction of the reader, of his
'majesty's just title, and power to grant, enjoy, and possess these
'countries, an well against aliens as Indians, which this forty years
'hath not been by print declared, you may read at large master
'Hacluit's voyages and discoveries, master Purchas and captain
'Smiths: for when the Spaniard and Portugall discovered and pos-
'sest 140 years since the East Indies, Brasill, the south part of Ame-
'rica, the Charibees and Antell isles, and seated Saint John de 1'nrto
'Rico, Hispaniola, Jamaica and Cuba, and the fort and port of
'Havannah, against the gulf and current, Batuana isles, and point
'of Florida; then that most powerfull and richest king of Europe,
'king Henrv the seventh of England, sent out an Englishman born

at

O F X K ^Y - J E H S E Y . 25

John Print/. Continued Lrovrrnor of the Swedes A. D.
from his arrival until about the year ](>•"> 1, \vlicn he

returned

•»

'at Bristol, called Cabot, granted under his greate seale to him all
' place- and count rys by him to be discover'd and posscst, who then
'beginning at ('ape Florida di-cover'd, entered on, took possession,
'set up crosses, and procured atturnment and acknowledgement of
'the Indian kings, to his then majesty, as head, lord and emperour
'of the south west America, all along that coast both in Florida
'from 20 degrees to 85, where old Virginia in 35 and 30 minutes,
'(>.", year- -ince was seated l»y "> -everaT colonies about Croatan cape,
'Haloraske, and Rawley's isle, by sir Walter Rawley, who had
'from queen Eli/abeth that place, and two hundred leagues from it
'in all places adjoyning ; sir Richard ( .ireen field. sir -Ralph Lane,
'and master White his partners seating and fortifying there; the
'said ('al)ot farther taking possession in 37, of that part called
'Virginia and Chisapeack Bay being now his majesty's demesne
'colony of Virginia, a»d of the next great bay in or near 39,
'called now by the Dutch Cape Henlopen, the south river, and by
'us Cape James and Delaware Hay, of the baron of Delaware's
'name, being then governor of Virginia, who by .-ir Thomas Dale,
' and sir Samuel A rgoll, 40 years since took possession and atturn-
' ment of the Indian kings, and (JO years since sir Walter Rawley
'sealed and left 30 men, and four pieces of ordinance, and the
'creek near Cape James, by the Dutch called Ilorekill, bv us
' Roy mount, and by the Indians Cni Achomoca ; and so the next
'river by us called Hudson's river, of the name of Hudson an
' Englishman, the discoverer thirty five year since, who sold his
MUcovery, plots and cards to the Dutch ; and so Cabot discovered
'severall rivers and countries all along the coast North East, now
'called New- England, and divided in nine severall governments,
'and further discovered I'ort-Royall, and that part called Xew-
'Scotlanl, and set up cro-ses, where von mav see in the French
'book called New-France, the .French found an old crosse all moss,
'in an eminent place at the head of that bay and port, and dis-
' covered all that coast and Newfoundland, and that called Terra
cde Laborador, or New- Britain, as far as the fro/en strait of- Davis;
'shortly after one master I lore in the reign of king Henry the 8th,
' reneued this actual! possession, atturnment of the Indian kings,
'brought home divers of the chief Indian kings to England, who

their homage and oath of fidelity for these countries to king
'Henry the eight in person, setting on his throne in state in his
'palace hall at Westminster. Then Virginia being granted, settled,
'and all that part now called Maryland, New- A Ibiou and Xew-
' Scotland, being part of Virginia, sir Thomas Dale and sir Samuel
'A rgoll, captains and counsellors of Virginia, hearing of divers
'aliens and intruders, and traders without license, witli a vessell
'and iiirty soldiers, landed at a place called Mount Desert, in
' Nova Scotia, near St. John's River, or Twede, possest by the

' French,

26 T H E H I 8 T O R Y

A. D. returned to Sweden, having first deputed his son-in-
Papegoia ^aw^ John Papegoia, governor in lii.s stead, who also

some

•

* French, there killed some French, took away their gun*, and dis-
' mantled the fort, and in their return landed at Alanhatas-Isle in
'Hudson's river, where thev found four houses built, and a pre-
' tended Dutch governor, under the West-India company of Amster-
'dani share or part; who kept trading hoats, and trucking with the
'Indians; but the said knights told him, their commission was to
'expell him and all aliens, intruders on his majesty's dominions
'and territories; this being part of Virginia, and this river an
'English discovery of Hudson an Englishman, the Dutchman con-
' tented them for their charge and voiage. and by his letter sent to
'Virginia and recorded, submitted himself, company and- plantation
'to his majesty, and to the governor and government of Virginia ;
'but the next pretended Dutch governor in maps of printed cards
'calling this part New-Net herlaBd failing in paying of customer
'at his return to Plymouth in England, was there with his bever,
'goods and person attached to his damage of <£. 1500, whereupon
' at the suit of the governor and councill of Virginia, his now ma-
'jesty by his embassadour in Holland, complaining of the said aliens
'intrusion, on such his territories and dominions, the said lords, the
'slates of Holland by their publique instrument declared, that they
'did not avow, nor would protect them, being a private party of
'the Amsterdam West-India company, but left tJiern to his majesty's
'will and mercy : whereupon three severall orders from the councill
'table, and commissions have been granted lor the expelling and
'removing them thence, of which they tak'ing notice, and knowing
'their weakness and want of victuals have ottered to sell the same
' for £. 2500, and lastly taking advantage of our present, war and
'distractions, now ask £. 7000, and have lately offered many
' affronts and damages to his majesties subjects in New-England:
'and in general! endanger all his majesty's adjoyning countries, most
'wickedly, feloniously, and traiterously, contrary to the marine and
'admiral laws of all Christians, sell by wholesale guns, powder,
'shot and ammunition to the Indians, instructing them in the use of
'our fights and arms; insomuch as 2000 indians by them armed,
'Mohawks, Karitons, and some of Long-Isle with their own guns so
'sold them, fall into war with the Dutch, destroyed all their scatter-
ing farms and boors, in forcing them all to retire to their up fort, 40
'leagues up that river and to Manhatas, for all or most retreating to
'Manhatas, it is now a pretty town of trade, having more English
'than Dutch : and it is very considerable that three years since Stuy
'their governor put ou,t his declaration, confessing that the neigh-
'bour English might well be offended with their selling Indiana
'arms and ammunition, but being but a few and so scattered, they
'could not live else there, or trade, the Indians refuting to trade or
'suffer the Dutch to plow without they would sell them guns. The
'like folly they committed and inconvenience to themselves, and

'all

O F X K \V -JERSEY. 27

sometime after returiKMl t<> \\i> native country, and left A.^D.
the government to John Rysing; He renewed the -p .

league

all Englieh, for eight years since, in their West-India fleet,
' battered by the Spanish Armado, they brought home forty Swedish
' poor soldiers ; and hearing that capt. Young and master Evelin,
' had given over their fort begun at Eriwomeck within Delaware
' I lay, there half starved and totter'd they left them, who learning
'the Indian language, and finding much talk and trials of a gold
mine there, thougn in truth filly shillings charges produced of
that light snnd but nine shillings in gold, and therefore was of
'capt. Young that tried it slighted ; yet one liagot under the Swedes
' name and commission, there traded to crosse the Dutch of Man-
'hatao, and to undersell them, and left and seated there, eighteen,
' Swedes, who proclaiming a gold mine drew more to them, and
' have gotten a great trade; and now this last summer fifteen Swedes
'and fifteen Dutch had a skirmish; the Swede* pulled down a
' Dutch trading house, ^md doe both undersell them and spoiled
'much their and English trading with the Indians, both striving to
'please and side with the Indians, both entertaining and refusing
'to return all English fugitives and servants. The Swedes hiring
'out three of their soldiers to the Sasquehannocks, have taught
'them the use of our arms and fights, and inarching with them
'into the king's own colony of Virginia, have carried thence the
'king of Pawiomeck prisoner, and expell'd his and eight other
1 Indian nations in Maryland, civiliz'd and subject to the English
'crown. Now if a proclamation of open war be set out against
'the Dutch and Swedes for this their villainy, and all English iorbid
'to trade, victuall or relieve them, they must both vanish, especially
'if those bad English that live, adhere and obey these aliens in
'these his majesty's countries, be warned of the statute of king
'James of famous memory, in these words: That all subjects giving
' any obedience or acknowledgment to any forain prince, state, pope,
'or potentate, icif/iin hit* iitajfaties territories and dominions in England
1 or beyond the sea, is a traitor, and on (/lit to suffer as a traitonr.
'And certainly all English, and chiefly those of New-England
'being ready in twenty four hours will jovu to expel them both
'to regain their own trade, to get their seats, and to be rid of the
'danger of armed gunning Indians.

'Whereas that part of America, or North Virginia, lying about
'39 degrees on Delaware Bay called the province of New Albion,
'is scituate in the best and same temper, as Italy, between too
'cold Germany, and too hot JJarbary: so this lying just midway
'betweene New England 200 miles north, and Virginia 150 miles
'south, where now are settled 8000 English, and 140 ships in
' trade, is freed from the extream cold and barrennesse of the one,
'and heat and aguish marshes of the other, and is like Lumbardy,
'anil a rich fat soil, plain, and having 34 rivers on the main land,
'17 great Isles, and partaketh of the healthiest aire and most

' excellent

28 THEHISTO RY

A. T). league of friendship with the English and Dutch in
the neighbourhood, and formally with the Indians;

for

'excellent commodities of Europe, and repleni shed with the good-
liest woods of oaks and all timber tor ships and masts, mulberries,
'sweet eypresse, cedars, pines and firres, 4 sorts of grapes for
'wine, and raisins, and with the greatest variety of choice fruits,
' fish and fowl, stored with all sorts of com, yielding 5, 7 and 10
"'quarters an acre: silkgras. salt, good mines A: diers ware, 5 sorts
'of deer, bnlles, and huge elks to plow and work, all bringing 3
'young at once. The uplands covered inanv moneihs with berries,
'roots, chestnuts, walnuts, beech and oak mast to feed them, hogges
'and tin keys, 500 in a flock, and having near the colon v of Man-
'teses 400000 acres of plain mead land, and meer level!, to be
'flowed and fludded by that river for corn, rice, rapes, flax and
' hemp. After 17 years trading and discovery there and triall made,
'is begun to be planted and stored by the governor and company
"'of New Albion, consisting of forty four lords, baronets knights
'and merchants, who for the true informing of themselves, their
' friends, adventurers and partners by residents and traders there
'four several! years out of their journall books, namely, captaine
'Browne, a ship-master, and master -Station! his mate, and bv cap-
'taine Claybourn 14 years there trading, and Constantine his indian
'there born and bred, and by master Robert Evylin, 4 years there,
'yet by eight of their hands subscribed and enrolled doe testitie this
'to be the true state of the country, of the land and Delaware liay
'or Charles River, which is further witnessed by captain Smith and
'other Books of Virginia and by New England* prospect, new
'Canaan, captain Powels map, and other descriptions of New
' England and Virginia.'

Master EVELIN'S Letter.
Good Madam :

'Sir Edmund our noble governonr and lord earl Palatine, persist-
'ing still in his noble purpose to go on wiili his plantation in Dela-
'ware or Charles river, just midway between New England and
' Virginia, where with my unckle Young 1 several! years resided,
'hath often informed himselfe both of me and master Stratton, as I
'perceive by the hands subscribed of Edward JMonmonth, Tenis
' Palee, and as master Buckham, master White, and other ship-
' masters, and saviors, whose hands 1 know, and it to be true, that
'there lived and traded with me, and is sufficiently instructed of the
'state of the country, and people there, and I should very gladly
'according to his desire, have waited on you into Ham.- hire to have
4 informed your honour in person, had I not next weeke been
* passing to Virginia. But neverthefesse to satisfie you of the
'truth, I thought good to write unto you my knowledge, and first
'to describe you from the north side of Delaware unto Hudsons
'river in sir Edmunds patent, called New Albion, which lieth just
4 between New England and Maryland, and that ocean sea, I take

'it

OF NEW-JERSEY.

for this purpose a meeting was held with the Sachems

island
where

or Indian chief's, at Printz's Hall, on Tenecum island

'it to be about 160 miles, I finde some broken land, isles and in-
'lets, and many small isle- at.Kghay : But going to Delaware Hay,
1 bv ('apr Mav, which is '1 1 miles ;it most, and is as I understand
'very well set out, and printed in captain Powels map of Xew-
' England, done as is told mee by a draught I gave to M Daniel,
'tin- plot-maker, which sir Edmund saith you have at home, on that
'north side about live miles within a Port, or rode for any ships
'called the Nook, and within lieth the king of Kechemeches, hav-
'ing as L suppose about oil men, and 12 leagues higher a little above
'the P>iy and Bar is the river of Mauteses, which hath 'JO miles on
'Charles river, and 30 miles running up a fair navigable deep river
'all a flat levell of rich and fat black marsh mould, which 1 think
'to be 3<K)(H)() acres: In this sir ICdmund intendeth as he saith to
'settle, and there the king of Manteses hath about 100 bow-men;
'next above about li leagues higher is a fair deep river, 12 miles
'navigable, where is freestone, and there over against is the king of
' Sikonesses, and next is Asomoches river and king with an hundred
'men, and next is Kriwoneck a king of forty men where we sate
'down, and tive miles above is the king of Ramcock With a hun-
'dred men, and four miles higher the King of Axion with two
'hundred men, and next to him lenne leagues over land an inland
'king of C'aicefar, with an hundred and fifty men, and ihen there
'is in the middle of Charles river two fair woody isles, verv plea-
'sant and fit for parks, the one of a thousand acres, the other of
'fourteen hundred, or thereabout. And six leagues higher near a
' creek called Mo<ilian, the king having two hundred men. And
'then we come to the Fa Is, made by a rock of linre-stone, as
'I suppose it is, about sixty and five leagues from the sea, near to
' which is an i- le til for a city, all materials there to build ; and above
'the river fair and navigable, as the Indians inform me, for I went
' but ten miles higher. 1 doe account all the Indians to be eight
' hundred, and are in several faction-; and war against the Sa-quehan-
' nocks, and are all ex: ream tearful 1 of a gun, naked and unarmed
'against our shot, swords, and pikes. I had some bickering with
'some of them, and they are of so little esteem, as I durst with
'fifteen men Mt down, or trade in despight of them, and since my
'return t-igliteene Sweeds are settled there, and so sometime sixe
'Dutch do- in a boat trade without fear of them.

' 1 saw there an infinite quantity of bustards, swans, geese, and
'fowl, covering the shoaivs as within the like multitude of pigeons,
' and store of tnrkies, of which 1 tried one to wei^h fortv and sixe
'[touuds. There is much Variety and plenty of delicate fresh and
'sea-fish, and shell-fi-h, and whales or grampus: elks, deere that
'bring three young at a time A; the woods bestrewed many moneths
'with chestnuts wail-nuts, and mast of severall sorts to feed them,
'and hogs, that would increase exceedingly. There the barren

'grounds

30 THE HIS TO 11 Y

A. D. where a speech was made to them in behalf of the
queen of Sweden, expressing the desires the Swedes

had

'grounds have four kindes of grapes and many mulberries with ash,
'elms, and (he tallest and greatest pines and pitch trees, that I
'have seen. There are cedars, cypresse and sassafras, with wilde
'fruits, pears, wilde cherries, pine-apples, and the dainty parse-
' menas. And there is no question but almonds, and other fruits
'of Spain will prosper, as in Virginia. And (which is a good
'comfort) in four and twenty houres you may send or goe by sea
'to New England or Virginia, with a fair winde, you may have
'cattle, and from the Indians two thousand barrels of corn, at,
'twelve pence a bushel in truck, so as victuals are there cheaper and
' better, than to be transported : Neither do 1 conceive any great
'need of a fort or charge, where there is no enemy.

'If my lord Palatine, will bring with him three hundred men or
'more, there is no doubt but that he may doe very well and grow
'rich, for it is a most pure healthful! air, and such pure wholesome
'springs, rivers and waters, as are delightful), of a desert, as can
'be seen, with so many varieties of severall flowers, trees and for-
' rests for swine. So many fair risings and prospects, all green and
'verdant: and Maryland a good friend and neighbour, in four and
'twenty houres readv to comfort and supplv.

'And truly I beleeve, my lord of Baltimore will be glad of my lord
' Palatines plantation and assistance against any enemy or bad neigh-
'bonr. And if my lord Palatine employ some men to sow flaxe,
'hemp and ftipes in those rich marishes, or build ships and make
'pipe slaves, and load some ships with these wares, or tish from the
' northward, he may have any money, ware, or company brought
'him by his own ships, or the ships of Virginia or New England
4 all the year.

'And because your honour is of the noble house of the Pawlets,
'and as 1 am informed, desire to lead many of your friends and
'kindred thither, whom as I honour, I 'desire to serve, 1 shall
'' intreat you to beleeve mee as a gentleman and Christian, I write
'you nothing but the truth, and hope there to take opportunity in
'due season to visit you, and doe all the good offices in Virginia,
'my place or friends can serve you in. And thus tendering my
'service, I rest, Madam,

Your honours most humble faithfull servant.

EGBERT KVKLIX.

' Now since master Elmes letter and seven years discoveries of
'the lord governor in person, and by honest traders -with the Indians
' we finde beside the Indian kings by him known and printed, in
' this province there is in all twenty three Indian kings or chief
'commanders, and besides the number of 800 by him named,
' there is at least 1200 under the two Earitan kings on the north
* side next to Hudsons river, and those come down to the ocean

' about

O F S E \V -JERSEY. 31

lia<l to renew their friendship: The Indians had before A. D.
made complaint, that the Swedes had introduced much

evil

'about little Egbay and Sandy Barnegate, and about the South
'cape two small kings of forty men a piece, called Tirans and
'TUftConfl, and a third reduced to fourteen men at Koymont, the
(Sa*quehannoeka are not now of the naturals left above 110, tho'
'with their forced auxiliaries the Ihon a Does, and Wicomeses they
'can make 250: these together are counted valiant and terrible to
'other cowardly dul Indians, which they beat with the sight of
'guns only.

'The eight seat is Kildorpy, neer the fals of Charles river, neer
'200 miles up from the ocean, it hath clear fields to plant and sow
'and neer it is sweet large meads of clover or honysuckie, no where
'else in America to be seen, unlesse transported from Europe, a
'ship of 140 tuns may come up to these fals which is the best seat
'for health, and a trading house to be built on the rocks, and ten
* leagues higher are Jead^nines in stony hills.

'The ninth is called mount Ployden, the seat of the Kariton
'king <>n the north side of this province twenty miles from Bandhay
'>ra, and ninety from the ocean, next to Amara hill, the retired
•paradise of the children of the Ethiopian emperoiir, a wonder,
'for it is a square rock, two miles compare, 150 foot high, a wall-
Mike precipice, a strait entrance, easily made invincible, where he
'keeps two hundred for his guard, and under it is a flat valley, all
' plain to plant and sow.

'The Sasquehannocks new town is also a rare, healthy and rich
'place, with it a crystal broad river, but some fals below hinder
'navigation, and tin- hooke hill on the ocean with its ck-ir fields
' neer Hudson* river on one side, and a ten leagues flowing river on
'the south side is much commended tor health and fish, were it not
'so northerly.

'The bounds is a thousand miles compass, of this most temperate
'rich province, for our south bound is Maryland north hound*, and
'beginnettl at Aqnata or the southermost or first rape of Delaware
' I'.ay, in thirty eight and forty minutes, and so runneth by. or
'through, or including Kent Isle, through Chi-apeask Bay to Pi>-
'cataway; including the fals of I'awtomecke river to the'head or
'northernmost branch of that river, being three hundred miles
'due west, and thence northward to the head of Hudson's river
'fifty leagues, ;md so down Hudson's river to the ocean sixty
'leagues: and thence to the oi-ean and isle-; acro-se Delaware I5av,
' to the South cape fifty leagues ; in all seven hundred and eiirhiv
'miles. Then all Hudson's river, isles, Long Isle, or 1'amunke,
'and all isles within ten leagues of the said province being; and
'noie, Long isle alone is twenty broad, and one hundred and eightv
'miles lonir, so that alone is four hundred miles eomp;is-e. No\\
*I have examined all former patents, some being surrenderd, and
'some adjudg'd void, as gotten on false suggestions, as that at the

' councell

32 THE HISTORY

A'._D. evil amongst them; because many of the Fndians since
their coming were dead; but the Swedes now making
them considerable presents, these received and divided
amongst them, one of their chief's, whose name was
Xoaman, made a speech rebuking the rest for having
spoken evil of the Swedes, and done them harm;
telling them they should do so no more, that the
Swedes were a good people, and thanking them for
the presents, promised for the future, that a more
strict friendship should be observed betwixt them :
That as formerly they had been, but one body and one
heart, they should be henceforward, as one head, as

a

'councell table was at master Gonges suit, of Mantachusets, and
'as capt. Clay born, heretofore secretary and now treasurer of
'Virginia, in dispute with master Leonard Calvert alledgeth ; that
'of Maryland is likewise void in part as gotten on false suggestions ;
'for as capt. Clay born,, she weth the Maryland patent in the first
'part declareth the king's intention to be to grant a land thereafter
'described, altogether dishabited and implanted, though possest
'with Indians. Now Kent isle was with many housholds of
'English by C. Clayborn before seated, and because bis majesty
'by his privy signet shortly after declared it was not his intention
'to grant any lands before seated and habited: and for that it lieih
'by the Maryland printed card, clean north-ward within Albion,
'and not in Maryland, and not onely late sea-men, but old deposi-
'tions in Claybornes hand, shew it to be out of Maryland, and
'for that Albions privy signet is elder, and before Maryland
• 'patent, Clayborn by force entered, and thrust out master Calvert
'out of Kent; next Maryland patent coming to the ocean, saith
'along by the ocean upon Delaware Bay; that is the first cape of
'the two most plain in view, and exprest in all late English and
'Dutch cards; and note unto. Delaware Bay is not into the Bay, nor
'farther then that cape heading the Bay, being in thirty eight and
'forly, or at most by seven observations I have seen, thirty eight
'and fifty minutes: So as undoubtedly, that is the true intended
'and ground bound, and line, and no farther, for the words Jollow-
' ing are not words of grant, but words of declaration; that is,
' II ' hick ])ii<ii/-<ire Hdy lieth in forty degrees where New- England
'ends; these are both untrue, and so being declarative is a false
'suggestion; is void, for no part of Delaware Bay lieth in forty.
' Now if there were but the least doubt of this true bounds, I should
'wish by consent or commission, a perambulation and boundary, not
'but there is land enough for all, and I hold Kent isle having
' lately but twenty men in it, and the mill and fort pulled down, and
' in war with all the indians neer it, not worth the keeping.

OF NEW -JERSEY 33

a token of which he waived both his hands as if tying A. D.
a strong knot, promising also that if they heard of
any mischief plotting against ^the Swedes, although it
were midnight, they would give them notice, and
desired the like notice from the Swedes, if they under-
stood harm was intended them; the Swedes then
desiring the Indians in general would give them some
signal that they all assented to what was said ; they
gave a general shout of approbation, and in the con-
clusion were entertained by the Swedes with victuals
and drink; it was observed the Indians kept this
league faithfully : The Swedish ships sent to succour
this new colony, beyig obstructed in their intended
voyage, by the Spaniards ; and the Swedes unable
for want of money to keep their forts in repair ; gave
their more powerful neighbours the Dutch, opportunity
with less danger to make encroachments upon them.
Accordingly, in this year, the Dutch who inhabited
near Virginia and New-Sweden, gave the Swedes
disturbance, seeking to regain the forts they had for-
merly possessed: But this by means of the Swede
governor, with Peter $tuyvesant, who commanded
under the Dutch, at New- Amsterdam, was in appear-
ance settled; yet in the year following, the Dutch
fitted out seven vessels from New-Amsterdam, with 1555.
six or seven hundred men ; who in the summer, under
the command of Stuyvesant, came up Delaware,
and took their first quarters at Elsingburgh, where Stuyve-
they made some Swedes prisoners : Next they sailed ^edition."
towards a fort called Holy Trinity; having landed
their men at a point near the place, and intrenched
themselves, they soon after went up to the fort, and
demanded a surrender, threatning what they would
do in case of refusal : After which, by treaty or other-
wise, they gained possession, took down the Swedes gains pos-
flag, and hoisted their own, securing all places with 8e8810D- '

c their

34 THE HISTORY

A. D. their soldiers, and sending the Swedes they had taken
prisoners, on board their vessels : — An acquisition
deemed considerable, because this fort was looked
upon as the key of New-Sweden.

On the second of September, they besieged Chris-
tiana fort and town ; and destroyed New Gottemburgh,
with such houses as were without the fort; plundering
the inhabitants of what they had, and killing their
cattle ; the Swedes endeavoured to perswade the Dutch
to desist from these acts of hostility, but to no pur-
pose : After 14 days siege, they (in want of Ammuni-
Terms. tion) were .obliged to surrender upon terms: That

all the great guns should be restored; to which pur-
pose an inventory was taken ; the Swedes had also the
gratification to march out of the fort, with their arms,
their colours flying, and drums beating. The officers
and other principal inhabitants among the* Swedes,
were carried prisoners to New-Amsterdam, and
thence to Holland; but the common people submitting
to the Dutch, remained in the country.

From this time till the year 1664, New-Sweden,
1664. an(] New-Netherland, continued in possession, and
under government of the Dutch ; who, on the island
called Manhattan, at the mouth of Hudson's river,
had built the city, which they named Kew-Amsterdam
(New York) ; and the river they sometimes called the
Great River: About 150 miles up, they built a fort,
and called it Orange, (Albany) from thence they drove
a profitable trade with the Indians, who came over land
as far as from Quebec, to deal with them. The first
bounds of New- York, were Maryland on the south, the
main land as far as could be discovered westward, the
river of Canada northward, and New-England eastward:
But the limits of this province, by the grants afterwards,
were reduced into a much narrower compass ; that
now called New-Jersey, in virtue of one of those grants,

was

OF NEW-JERSEY. 35

was probably so denominated, in compliment to sir A. D.
George Carteret, one of the proprietors, and a Jersey >64*

man./-

CHAP. III.

The particulars of the English conquest in 1664, and the
transactions afterwards respecting the inhabitants on
Delaware: The arrival of Francis Lovelace, as
governor, part of his administration, and desertion
of the Hoarkills.

KING Charles ^he second, considering of what ill
consequence a Dutch colony must be in the heart
of his dominions, and determining to dispossess them,
gave a patent to his brother the duke of York, for a
great part of North- America, in which were included
the provinces New- York, New-Jersey, and all other
lands thereunto appertaining, with powers of govern-
ment : And though his reign was not enterprizing, the
Duke's concern in this property, and the aversion of
both to the Dutch 9- made the reduction of this coun-
try the first military stroke. Before there was any formal
declaration of war with Holland, Sir Robert Carre, Sir Robert
was sent to America, with a small fleet and some land Carre> &c*
forces, to put the Duke in possession of the country ;
this appears by the date of the commission given on
this occasion, which was the 26th of April 1664, and
the war with Holland was not declared till some
months after.

Thus the Dutch here, being unprovided for defence
against a royal squadron and land forces, rendered the

expedition

/. It is said for some little time at first, to have bore the name

•'/.

fj. Y'nl. Life of E. of Clarendon, Oxford printed at Clarendon
printing house. Vol. ii. p. 373, &c.

36

THE HISTORY

A. D.

1664.

arrives and

the Dutch.

expedition safe and easy, Carre had joined with him
in cominission, col. Richard Nicolls, George Cart-
wright, and Samuel Meverike. They arrived at Hud-
son's River the latter end of 1664, at which time the
Dutch could have but very little notice^- of the designed
rupture : The land forces consisting of three hundred
men, were under the command of col. Nicolls. The
Dutch governor, an approved soldier, who had lost a
leg in the service of the states, being unprepared for this
attack, and knowing perhaps the defects of the Dutch
dispossesses title, at least their present incapacity of defence, was
after some time prevailed on to surrender quietly. The
papers and messages that passed between him and the
English on this occasion, will give the reader a full
insight into the manner and terms of this surrender.

When the English arrived at New-Amsterdam, a
proclamation was made and spread through the country
of the design of their coining, conceived in the terms
following.

' By his Majesty's command.

' Forasmuch as his majesty hath sent us by commis-
'sion, under his great seal of England, amongst 'other
' things, to expel or to reduce to his majesty's obedience,
'all such foreigners as have without his majesty's leave
'and consent, seated themselves amongst any of his
'dominions in America, to the prejudice of his majes-
' tv's subjects and the diminution of his royal dignity :
( We his majesty's commissioners do declare and pro-
' mise, that whosoever of what nation soever, will upon
' knowledge of this proclamation, acknowledge and
'testify themselves to submit to his majesty's govern-
' ment, as his good subjects ought to do, shall be pro-
jected by his majesty's laws and justice, and peace-
'ably enjoy whatsoever God's blessing and their own
( honest industry have furnished them with ; and all

' other

Procla-
mation.

h. The first notice they had was from Thomas Willet, an
Englishman, about 6 weel*s before their arrival.

OF NEW-JERSEY. 37

'other privileges with his majesty's English subjects: A. D.
'We have caused this to be published, thatVe might l54*

'prevent all ineonveuiencies to others if it were possi-
ble, however, to clear ourselves from the charge of all
1 those miseries that anyway may befall such as live here,
'and will not acknowledge his majesty for their sove-
' reign: Whom God preserve.'

The Dutch governor Stuyvesant, upon notice of the
arrival of the English in the Bay, dispatched the fol-
lowing letter,

Right honourable Sirs,

'Whereas we have received intelligence, that about
'three days since, there arrived an English man of Stuyve-
' war, or frigate in the Bay of the North River, 8ant>8 letter«
'belonging to the JJew Netherlands, and since that
'three more are arrived, by what order or pretence is
'yet unknown to us; and having received various
'reports concerning their arrival upon this coast, and
'not being apt to entertain any prejudice intended
'against us, have by order of the commander in chief
'of the New Netherlands, thought it convenient and
'requisite, to send the worshipful the bearer hereof,
'that is to say, the worshipful John Declyer, one
'of the chief council, the reverend John Megapolensis,
' minister, Paul Leendelvandergrift, mayor of
'this town, and have joined with them Mr. Samuel
' Megapolensis, doctor in physick, whom by these
'presents I have appointed and ordered, that with the
'utmost respect and civility, they do desire and entreat
'of the commander in chief of the aforesaid men of
' war or frigates, the intent and meaning of their
'approach, and continuing in the harbour of Naijacly,
'without giving any notice to us, or first acquainting
'us with their design, which action hath caused much
'admiration in us, having not received timely know-
' ledge of the same, which in respect to the govern-
'meut of the place, they ought, and were obliged to
'have done; wherefore upon the considerations afore-
' said, it is desired and entreated from the general of

the

38 THE HIS TORY

A. D. ( the aforesaid men of war or frigates, as also from our

1664. t kefore deputed agents, whom we desire your honours

'civily to treat, and to give and render unto them,

' the occasion of your arrival here upon, this coast, and

' you will give an opportunity (that after our hearty

* salutes and wellwishes of your health,) to pray, that
'you may be blessed in eternity, and always remain,
' right honourable sirs, your honours affectionate

* friend and servant, P. STUYVESANT.

' By order and appointment of the governor and com-
1 mander in chief of the council of New Netherlands,
'the 19-29 of August, 1664.

CORNELIUS RUYVEN, Secretary."

To this letter col. Nicolls sent the answer following.

' To the honourable the governor and chief council at
' the Manhatans.*-

' Right worthy Sirs,

Nicoli's { j received a letter by some worthy persons entrusted

'by you, bearing date the 19-29th of August, desiring
( to know the intent of the approach of the English
'frigates, in return of which I think fit to let you
' know, that his majesty of Great-Britain, whose right
' and title to these parts of America is unquestionable,
' well knowing how much it derogates from his crown
' and dignity, to suffer any foreigners how near soever
'they be allied, to usurp a dominion, and without his
'majesty's royal consent, to inhabit in these or any
'other his majesty's territories; hath commanded me
' in his name, to require a surrender of all such forts,
' towns or places of strength, which are now possessed
' by the Dutch under your commands ; and in his
' majesty's name I do demand the town situate upon the
' island commonly known by the name of Man ha toes,
' with all the forts thereunto belonging, to be rendered
' unto his majesty's obedience and protection unto my
' hands : I am further commanded to assure you, and

every

i. The Indian name, by which New- York island was formerly
called.

OF NEW-JERSEY. 39

( every respective inhabitant of the Dutch nation, that A. D;

' his majesty being tender of the effusion of Christian 1(J64<

' blood, dotli by these presents, confirm and secure to

'every man, his estate, life and liberty, who shall

' iv.-idily submit to his government; and all those who

1 shall oppose his majesty's gracious intentions, must

' expect all the miseries of a war which they bring upon

' themselves. I shall expect your answer by those

' gentlemen, colonel George Cartwright, one of his

' majesty's commissioners in America, captain Robert

* Needham, capt. Edward Groves, and Mr. Thomas
' Delavall, whom you will entertain and treat with such

* civility as is due to them and yourselves, and you shall

* receive the same from, worthy sirs, your very hum-

* ble servant, RICHARD NICOLLS.
'Dated on board bis majesty's ship the Guinea, riding

' before Naijack, the 20-30 of August 1664.

Stuyvesant now fully informed of the English Stuyve-
generaPs business from himself, returned in answer :

' That they were so confident of the discretion and
'equity of his majesty of Great-Britain, that were his
' majesty truly informed of their right, he would not
' have given such an order : That the Dutch came not
' into these provinces by any violence, but by virtue of
'a commission from the states general in 1614, when
'they settled the North River, near fort Orange, and
' to avoid the invasions and massacres commonly com-
' mitted by the savages; they built a little fort there:
'That afterwards in the year 1662, and at the present
' time, by virtue of a commission and grant to the
' governor of the West-India company, and another
' in the year 1656 of the South River, to the burgo-
' masters of Amsterdam, they had peaceably governed
' and enjoyed these provinces : That they were the first
'discoverers, had purchased the land of the natives,
' princes of the country ; and had continued in the
'uninterrupted possession thereof: That they made
' no doubt that if his majesty of Great-Britain, were
' truly informed of these passages, he was too judicious

to

40

THE HISTORY

A. D.

1664.

Order to
Hide.

Stuvve-
Bant's third
letter.

' to give any order that the places and fortresses in their
' hands should be given up, especially at a time when so
' strict a friendship subsisted between his majesty and the
' states general : That the offering any act of hostility and
( violence against them, would be an infraction of the
' treaty, which subsisted between his majesty of Great-
' Britain and the states general : That as to the threats
' in the conclusion of general Nicoll's letter, he had
' nothing to answer, only that they feared nothing but
' what God should lay upon them.7

Col. Nicolls, receiving this answer, found nothing
was to be done by delay ; and being resolved to assert his
masters right in the best manner he could, directed
an order to capt. Hide to this effect :

'.Whereas the governor and council of the Dutch
'plantation upon the Manhatoes, in Hudson's River,
' have in answer to a summons returned their resolutions
' to maintain the right and title of the states general
'and West-India company of Holland, to their forts,
' towns and plantations in these parts of America: I
' do therefore in prosecution of his majesty's service,
' recommend to captain Hugh Hide, commander in
' chief of the squadron, to prosecute with the advice
'of the captains under his command, his majesty's
' claim and interest, by all ways and means as they shall
' think most expedient, for the speedy reducing the
' Dutch under his majesty's obedience, and for so doing
' this shall be their warrant. Given under my hand
' the 24th of August 1664, on board his majesty's ship
' the Guinea. RICHARD NlCOLLS/

It appearing by this order, and preparations in
consequence of it, that the English were not come
for amusement "only ; Stuy vesant thought it best
before matters were carried too far, to propose one
expedient more; this he did by letter to col. Nicolls,
the 4th September.

My Lord.,

' Upon our letter the day before yesterday, and
' upon the communication by word of mouth, of our

deputies

OF NEW-JERSEY. 41

' deputies, touching the just right and possession ; A. D.

' without dispute of my lords, tin- Mate- general of the 1664>

' united provinces, as also of our discovery of the

'news from Holland; which makes us not to doubt

'hut that the king of Great-Britain, and my lords

' the said states, are at this hour agreed upon their

'limits: this had given us hope my lord to avoid all

'dispute; that you would have desisted from your

' design, or at least have given time that we might have

' heard from our masters ; from which expectation we

' have been frustrated by the report of our said deputies,

' who have assured us by word of mouth, that you

' persist on your summons and letter, of 20-80 August,

' upon which we have no other thing to answer, but

' that following the order of my lords the states

' general, we are obliged to defend our place; how-

' ever that in regard that we make no doubt, that

' upon your assault and our defence, there will be a

' great deal of blood spilt; and besides it is to be feared

'greater difficulty may arise hereafter; we have

'thought fit to send unto you, Mr. John de Decker,

'counsellor of state ; Cornelius Van Riven, secretary

'and receiver; Cornelius Steenwick, mayor, and

'James Coussea, sheriff; to the end of finding some

' means to hinder and prevent the spilling of innocent

' blood, which we esteem my lord not to be your

' intention ; praying that you will please to appoint a

' place and hour, and send or cause your deputies to

' meet there, with full commission to treat and seek

' out the means of a good accommodation ; and in

' the mean time to cause all hostility to cease : Upon

' which, after recommending you to the protection of

' God, we remain, my lord, your thrice affectionate

' friend and servant,

P. STUYVESANT.

To this col. NicolPs replyed, in a letter directed
to the honourable the governor of the Manhatoes,
as follows :

Right

42 THE HISTORY

A. D Right worthy sir,

' In answer to yours of the 4th of September, new
' stile, by the hands of John de Decker, counsellor of
'state, Cornelius Van Riven, secretary and receiver,
' Cornelius Steenwick, burgo master, and James
' Causseau, sheriff, I do think it once more agreeable
' to the kings intentions, and my duty to his strict
' commands, to propose and receive all ways and
' means of avoiding the effusion of Christian blood ;
' of which sincere intention, I suppose you are already
' fully satisfied, and shall have no cause to doubt it
' for the future ; as also that I do insist upon my first
' summons and message to you, for a speedy surrender
' of the towns and forts now under your command,
' into his majesty's obedience and protection. You
' may easily believe that in respect of greater difficulties
'which are ready. to attend you, I should willingly
' comply with your proposition to appoint deputies,
' place and time to treat of a good accommodation ;
' but unless you had also given me to know, that by
' such a meeting you do intend to treat upon articles of
' surrender, I do not see just cause to defer the pur-
'suauce of his majesty's commands, my -first demand
' and my last answer, of reducing your towns and
' forts to his majesty's obedience ; which, why you call
' acts of hostility, I see no reason : However, since you
'have given yourself and messengers this new trouble.
' I shall also take this fresh occasion, to assure* you
' that I heartily with health, peace and prosperity, to
'every inhabitant of your plantations, and particularly
' to yourself, as being your affectionate humble servant,

RICHARD NICOLLS.
Gravesend, 25th August. 1664.

The Dutch governor finding Nicolls grew more
resolute in his enterprize, and the country in general
for him, after having tried, in vain, what other pacifick
expedients he could, at last agreed to a surrender of the
fort and province under his government, and commis-
sioners were authorized to treat upon the articles ; those

on

OF NEW- JERSEY. 43

on the part of the English were, sir Robert Carre, knt. A-
colonel (u-oi-ov (artwright, John Winthrop, esq ; go-
ycrnor of Connecticut, and Samuel Willis, one of his siouers.
council, capt. Thomas Clarke, and capt. John Punct-
won, commissioners from the general court of the
Massachusetts, the persons named by governor Stuy-
vesant were, John de Decker, Nicholas Varlett, com-
missary, concerning matters of traffick, Samuel Me-
ga polcuis is, Cornelius Steenwick, Stephen Courtland,
and James Coussea.

The articles of this treaty as they are signed and
confirmed by col. Nicolls and governor Stuyve-
sant, and subscribed by the commissioners, bear date
the 27th of August 1664 old stile, and are as follows.

1. We consent that the states general, or the West Articles.
India company, shall freely enjoy all farms and houses,
except such as are in the forts, and that within six
months they shall have free liberty to transport all such

arms and ammunition, as now do belong to them, or
else they shall be paid for them.

2. All publick houses shall continue for the uses
which now they are for.

3. All people shall still continue free dennizens, and
enjoy their lands, houses, goods, ships wheresoever
they are within the country, and dispose of them as
they please.

4. If any inhabitant have a mind to remove
himself, he shall have a year and six weeks from this
day to remove himself, wife, children, servants, goods,
and to dispose of his lands here.

5. If any officer of state or publick minister of
state have a mind to go for England, they shall be
transported freight free in his majesty's frigates, when,
those frigates return thither.

6. It is consented to that any people may freely come
from the Netherlands, and plant in this country, and
that Dutch vessels may freely come hither, and any of

the

44 THEHISTOKY

A. D. the Dutch may freely return home, or send any sort of
1664. merchandize home in vessels of their own country.

7. All ships from the Netherlands, or any other
place and goods therein shall be received here and
sent hence after the manner which they formerly
were, before our coming hither for six months next
ensuing.

8. The Dutch shall enjoy the liberty of their consci-
ences, in divine worship and Dutch discipline.

9. No Dutchman here, or Dutch ship here, shall
upon any occasion be pressed to serve in war against any
Nation whatsoever.

10. That the townsmen of the Manhatoes shall not
have any soldiers quartered upon them, without' being
satisfied and paid for them by the officers, and that at
this present, if the fort be not capable of lodging all
the soldiers, then the burgomaster by his officers, shall
.appoint some houses capable to receive them.

11. The Dutch here shall enjoy their own customs
concerning their inheritances.

12. All publick writings and records, which concern
the. inheritances of any people, or the reglement of the
church or poor or orphans, shall be carefully kept by
those in whose hands now they are, and such writings
as particularly concern the states general, may at any
time be sent to them.

13. No judgment that hath passed any judicature
here, shall be called in question, but if any conceive he
hath not had justice done him, if he apply himself to
the States General, the other party shall be obliged to
answer for the supposed injury.

14. If any Dutch living here, shall at any time
desire to travel or traffick into England, or any place
or plantation in obedience to his majesty of England,
or with the Indians, he shall have upon his request to
the governor, a certificate that he is a free Denizen of
this place, and liberty it to do.

15. If it do appear that there is a publick engage-
ment of debt, by the town of Manhatoes, and a

way

OF NEW-JERSEY. 45

way agreed on for the satisfying of that engagement, A. D.
it is agreed that the same way proposed shall go on ;
and that the engagements shall be satisfied.

16. All inferior civil officers and magistrates, shall
continue as they now are, if they please, till the
customary time of new election, and then new ones
to be chosen by themselves ; provided that such new
chosen magistrates, shall take the oath of allegiance
to his majesty of England, before they enter upon
their offices.

17. All differences of contracts and bargains made
before this day, by any in this country, shall be
determined according to the manner of the Dutch.

18. If it does appear that the West-India company,
of Amsterdam, do really owe any sums of money to
any persons here; it is agreed that recognition and
other duties payable by ships going for the Netherlands
be continued for six months longer.

19. The officers military and soldiers, shall march
out with their arms, drums beating, and colours flying,
lighted matches ; and if any of them will plant they
shall have fifty acres of land set out to them ; if any
of them will serve any as servants, they shall continue
with all safety and become free Denizens afterwards.

20. If at any time hereafter the king of Great-Bri-
tain and the States of the Netherland, do agree that
this place and country be redelivered into the hands
of the said states, whensoever his majesty will send his
commands to redeliver it, it shall immediately be done.

21. That the town of Manhatans shall choose depu-
ties, and those deputies shall have free voices in all
publick affairs.

22. That those who have any property in any houses
in the fort of Aurania, shall if they please, slight the
fortifications there, and then enjoy all their houses as
all people do where there is no fort.

23. If there be any soldiers that will go into Hol-
land, and if the company of West India in Amster-
dam

46 THEHISTORY

A. D. dam, or any private persons here, will transport them
into Holland, then they shall have a safe passport from
col. Richard Nicolls, deputy governor under his royal
highness, and the other commissioners, to defend the
ships that shall transport such soldiers and all the goods
in them from any »urprizal~or act of hostility to be done
by any of his majesty;s ships or subjects.

24. That the copies of the king's grant to his royal
highness, and the copy of his royal highness's commis-
sion to col. Richard Nicolls, testified by two com-
missioners more and mr. Winthrop, to Jbe true copies,
shall be delivered to the honourable Mr. Stuyvesant,
the present governor, on Monday next by eight of the
clock in the morning, at the old Milne, and these arti-
cles consented to and signed by col. Richard Nicolls,
deputy governor to his royal highness, and that within
two hours after the fort and town called New Amster-
dam, upon the island of Manhatoes, shall be delivered
into the hands of the said col. Richard Nicolls, by
the service of such as shall be by him thereunto
deputed by his hand and seal.

The articles agreed on, the fort and city of New-
Amsterdam, were surrendered. Some of the houses
were then built of brick and stone, and in part covered
with red and black tile, and the land being high, it
made an agreeable prospect to those that visited it from
the sea ; Most of the Dutch inhabitants remained, and
took the oaths to the English government; and they
and their posterity have been loyal subjects ever sinceA

Thirteen days after the surrender of New Anister-

_, dam, col. Nicolls, marched up the country to Orange

•Orange. fort, and having taken it without much resistance, he

gave it the name of Albany, the duke of York's

Scotch

k. In tlie year 1751, as some workmen were digging down the
bunk of (lie North River, in New York, in order to build a still-
house, a stone wall was discovered between four and five feet thick,
near eight 1'eet underground, supposed to ha$e been the breast work
of a batterv.

OF NEW-JERSEY. 47

Scotch title : But previous to the taking of this fort, A. D.
the colonel and other commissioners sent sir Robert Carre>fl '
Carre with the ships under his command, on an expedi- expedition
tion into Delaware bay and river, to reduce the inha- ^are<e '
bitants there. To this end* they granted him their
commission.

' Whereas we are informed that the Dutch have His com-
' seated themselves at Delaware Bay, on his majesty of misslon-
4 Great-Britain's territories, without his knowledge and
' consent, and that they have fortified themselves there,
( and drawn a great trade thither, and being assured that
' if they be permitted to go on, the gaining of this
' place will be of small advantage to his majesty : We
' his majesty's commissioners, by virtue of his majesty's
' commission and instructions to us given, have advised
' and determined to endeavour to bring that place and
' all strangers there, in obedience to his majesty, and by
' these do order and appoint that his majesty's frigates,
4 the Guinea, and the William and Nicholas, and all
' the soldiery which are not in the fort, shall with what
' speed they conveniently can go thither, under the
' command of sir Robert Carre, to reduce the same,
' willing and commanding all officers at sea and land
' and all soldiers to obey the said sir Robert Carre
' during this expedition. Given under our hands and
' seals, at the fort in New- York, upon the isle of
' Manhatoes, the third day of September, 1664.

RICHARD NICOLLS,
GEORGE CAHTWUIUHT,
SAMUEL MAVERICK.

With this commission, instructions were delivered
Carre, respecting the manner in which he was to con-
duct on his arrival in the bay of Delaware.
' Instructions for sir Robert Carre, for the reducing

'of Delaware bay, and settling the people there,

' under his majesty's obedience.'

' When you are come near unto the fort, which
< is possess! by the Dutch, you shall send your boat

on

48 THE HISTORY

A. p. ' on shore, to summons the governor and inhabitants
( to yield obedience to his majesty, as the rightful
1 sovereign of that tract of land ; and let him and
' them know, that all the planters shall enjoy their
' farms, houses, land, goods and chattels, with the
1 same priviledges, and upon the 'same terms which
' they do now possess them ; only that they change
' their masters, whether they be the West-India com-
' pany, or the city of Amsterdam. To the Swedes
' you shall remonstrate their happy return under a
' monarchical government, and his majesty's good
'inclinations to that nation, and to all men, who
' shall comply with his majesty's rights and titles in
1 Delaware, without force of arms.

' That all cannon, arms and ammunition which
i belongs to the government, shall remain to his
' majesty.

' That the acts of parliament shall be the rule for
' future trading.

' That all people may enjoy liberty of conscience.
' That for six months next ensuing, the same magis-
' strates shall continue in their offices, only that they
( and all others in authority must take the oath of
1 allegiance to his majesty, and all publick acts be
( made in his majesty's name.

< If you find you cannot reduce the place by force,
' or upon these conditions, you may add such as you
( find necessary on the place ; but if those, nor force,
1 will prevail, then you are to dispatch a messenger
1 to the governor of Maryland, with a letter to him ;
1 and request his assistance, and of all other English
' who live near the Dutch plantations.

* Your first care (after reducing the place) is to
1 protect the inhabitants from injuries, as well as vio-
1 lence of the soldiers ; which will be easily effected, if
( you settle a course for weekly or daily provisions by
' agreement with the inhabitants ; which shall be
' satisfied to them, either out of the proffits, customs
' or rents belonging to their present master, or in case
' of necessity from hence. ' The

OF NEW-JERSEY. 49

' The laws for the present cannot be altered, as to A.D.
'the administration of Justice between the parti- ' *

1 To mv lord Baltimore's son yon shall declare, and
' to all the English concerned in Maryland, that his
' majesty hath, at his great expence, sent his ships and
1 soldiers to reduce all foreigners in those parts to his
'majesty's obedience; and to that purpose only, you
employed: But the reduction of the place being
' at his inajestv's expence, yon have commands to keep
' possession thereof for his Majesty's own behoof and
'/•////«/; and that you are ready to joyn the governor
' of Maryland, upon his majesty's interest on all
i-ions; and that if Lord Baltimore doth pretend
( right thereto by his patent, (which is a doubtful
' case) you are to say, that you only keep possession
' till his majesty is^informed and satisfied otherwise.

* In other things, I must leave you to your discretion,
' and the best advice you can get upon the place/

In pursuance of this commission, Carre soon set
sail, with the ships under his command. On his arrival
against New-Castle, (then called New-Amstel) the New-
Dutch and Swedes, following the example of their
capital, New-Amsterdam, capitulated and surrendered
their fort. The articles were signed and sealed by
the English commanding officer, and six of the
principal inhabitants of the place, on behalf of them-
selves, and others.

' Articles of agreement between the honourable sir Articles.
' Robert Carre, knight, on the behalf of his ma-
*jesty of Great-Britain, and the burgo- masters, on
' behalf of themselves, and all the Dutch and
' Swedes, inhabiting on Delaware bay, and Dela-
' ware river.7

' 1. That all the burgesses and planters will submit
' themselves to his majesty, without any resistance.

' '2. That whoever, or what nation soever, doth
<>ii!>;.iit to his majesty's authority, shall be protected

* in their estates, real and personal whatsoever, by his
1 majesty's laws a;id justice.

D <3. That

60 THE HISTORY

ffifi?* l ^' ^nat *ne Present magistrates shall be continued

'in their offices, and jurisdiction to exercise their
' civil power as formerly.

' 4. That if any Dutchman or other person shall
' desire to depart from this river, it shall be lawful
' for him so to do with his goods, within six months
' after the date of these articles.

' 5. That the magistrates and all the inhabitants
'(who are included in those articles) shall take the
4 oaths of allegiance to his majesty.

' 6. That all people shall enjoy the liberty of their

* consciences, in church discipline as formerly.

' 7. That whoever shall take the oaths, is from that
4 time a free Denizen, and shall enjoy all the privi-

* ledges of trading into any of his majesty's domi-
' nions, as freely as any Englishman, and may require
' a certificate for so doing.

' 8. That the schout, the burgo-master, sheriff,
' and other inferior magistrates, shall use and exercise
' their customary power, in administration of justice,
' within their precincts for six months, or until his
' majesty's pleasure is further known.
Da'ted October 1st 1664.

New-Amsterdam, Orange Fort, and the inhabitants
up Delaware, being reduced, the whole country was
in a manner in possession of the English ; and things
being in a quiet posture about New-York, Nicolls
was commissioned the 24th of October, 1664, by
Cartwright and Mevericke, to repair to Delaware bay,
for government of the place, by deputing such officers
civil and military, and taking such other measures as
he should think proper, until the kings pleasure was
1668. further known.*- Thus things rested till 1668 ; when
Nicolls and his council at New- York, gave the follow-

ing

I. In the hegining of the year 1665, there was a comet visible
to the people on this continent: It had appeared in the November
before, and continued four months: It rose constantly about one
o'clock in the morning, in the south-east, It was seen likewise in
England, and in mo<t other parts of the worJd, at the same time.

OF NEW-JERSEY. 51

ing directions for a better settlement of the govern- A. D.

nient on Delaware. . 16.68.

Directions

' That it is necessary to hold up the name and conn- for the go-
' tenance of a garrison in Delaware, with twenty men ve"inient

* and OIK; commission officer.

WdlC.

1 That the commission officers shall undertake to
'provide all sorts of provision for the whole garrison,
1 at the rate of 5d. per day, viz. wholesome bread,
' beer, pork, pease or beef, that no just complaint be
'made of either: That the soldiers, (so far as conve-
'nicntly they may,) be lodged in the fort, and keep the
' Stockadoes up in defence: that the civil government
' in the respective plantations be continued till further
' orders.

' That to prevent all abuses or oppositions in civil
' magistrates, so often as complaint is made, the com-
1 mission officer capt. Carre, shall call the scout, with
'ilans Block, Israel Holme, Peter Ram bo. Peter
4 Cock, Peter Aldrick, or any two of them, as coun-
'cellors to advise, hear, and determine bv the major
' vote, what is just, equitable and necessary in the case

* and cases in question.

' That the same persons also, or any two or more of

* them, be called to advise and direct what is best to be
'done in all cases of difficulty, which may arise from
' the Indians, and to give their councel and orders for
' the arming of the several plantations and planters,
1 who must obey and attend their summons upon such
' occasion.

' That two thirds at least of the soldiers remain
< constantly in and about New-Castle at all hours.

' That the fines or preminures and light offences,
' be executed with moderation, though it is also ueces-
' sary that ill men be punished in an exemplary manner.

* That the commission officer capt. Carre, in the de-
termination of the chief civil affairs, whcreunto the
1 temporary lief'orementioned councellors are ordained
' shall have a casting voice where votes are equal.

k That the new appointed councellors are to take the
'oath to his royal highness. 'That

52 THE HISTORY

A. D. ' That the laws of the government, established by

l68* ' his royal highness, be shewed and frequently commu-
' nicated to the said councellors and all others, to the end
6 that being therewith acquainted, the practice of them
* may also in convenient time be established ; which
6 conduceth to the publick well fare and common justice.

' That no offensive war be made against any Indians,
' before you receive directions from the governor for
' your so doing.

' That in all matters of difficulty and importance,
' you must have recourse by way of appeal, to the
' governor and council at -New- York/

These instructions bore date the 21st of April 1668;
within two months afterwards, the government at New-
York received advice, that some of the tribe of the
Murders Mantas Indians, nigh Delaware, had murdered the
servants of one Tomm. Peter Aldricks and Peter
Rambo, arriving soon after, confirmed that news, and
further informed the government,, that the Indians in
those parts desir'd, there should be an absolute prohibi-
tion upon the whole river, of selling strong liquor ta
the Indians generally ; by which it seems the late murders
had probably been the consequence of a drunken frolick ;
this is the more likely, as the whole body of the Indians
in the first settled part of the lands on Delaware, after-
wards through a long course of experience, manifested
an open hospitable disposition to the English, and were
in the general, far from any designs to their prejudice.
The governor and colonel Lovelace wrote to Carre,
authorizing him to convene those joined with him in
commission for the management of civil affairs, and
with their advice to make all necessary rules and give
orders for the government of both Christians and1
Indians ; and because those murders, and the restraining
the Indians from strong liquors, might be attended
with difficulties, Carre was ordered, after consulting

the

OF NEW-JERSEY. 53

the Indians on the best method of proceeding, to
send the state of the matter to the council at New-
York.

Another disturbance that soon followed, took up
their attention for a while, and seem'd likely to prove
an affair of some consequence against the new-establish'd
government, but was prevented by the vigilance
of the persons in administration. A Swede at Delaware,
who gave out that he was the son of Coningsmarke,
the Sweedish general, went up and down from one
place to another, spreading rumours to the disturbance
of civil peace and the laws, intending thereby to make
a partv strong enough to raise an insurrection, and if
po->ible, throw off the English allegiance; to him
was associated Henry Coleman, one of the Finns, and
an inhabitant at Delaware : The last left a good habi-
tation, cattle and corn, and was well versed in the
Indian language; as they both kept very much among
the Indians their designs were the more suspected. The
government however, ordered a proclamation, that if
Coleman did not surrender himself, to answer what
should be objected against him in fifteen days, his
estate should be secured to the king's use ; whether he
came in appears not, but the other being a vagrant,
more effectual measures were used, so that he was soon
in custody ; all the rest who had a hand in the plot,
were by the government at York, bound to give secu-
rity to answer for their conduct, and an account of their
estates ordered to be taken : The governor in the mean
time tells Carre in his letter upon this occasion, ( That
'as for the poor deluded sort, I think the advice of
' their own eountrvmen is not to be despised, who
' knowing their temper well, prescribed a method for
* keeping them in order, which is severity, and laying
<su"h tax«s on them as may not give them liberty to
' entc'rtain any other thoughts but how to discharge

' them. —

THE HISTORY

A. D.

1668.

Conninga-
marke.

An Indian
rape.

' them. — I perceive the little Domine hath played the
'trumpter to this disorder; I refer the quality of his
< punishment to your direction/
At a council held at New- York, October 18, 1669.

PRESENT: The Governor, Thomas Delaval,

Ralph Whitfield, Thomas Willet, secry.

This affair being taken into consideration, it was
adjudged that Conningsmarke, commonly called the
long Finne, deserv'd to die, yet in regard that
many concerned with him in the insurrection, might
also be iuvolvM in the premunire, if the rigour of the
law should be extended, and amongst them diverse sim-
ple and ignorant people, it was thought fit to order
that the long Finne should be severely whipt, and stig-
matized with the letter R, with inscription in great
letters on his breast,, that he received that punishment
for rebellion, and after to be secured till sent to ' Bar-
' badoes or some other remote plantation to be sold : ' It
was further ordered, that the chief of his accomplices
should forfeit to the king, one half of their goods and
chattels, and a smaller mulct laid on the rest to be left
at discretion of commissioners, appointed to examine
the matter.

In pursuance of this sentence, the long Finne was
brought fettered from Delaware, and put prisoner in
the state-house at York, the 20th December, and there
continued a year, when a warrant was signed, and he,
in pursuance of it, transported for sale to Barbadoes.

At this council also came under consideration, the
case of an Indian, who had committed a rape on a
Christian woman ; the council ordered that he should be
put to death if he could be found, and that application
be made to the Sachems of his tribe, to deliver him
up, that justice might be executed upon him. He had
been once taken and condemned to death by the com-
missioners at Delaware, but broke gaol.

One

OF NEW-JERSEY. 55

One Douglass at the Hoarkill, after this, gave the A. D.
new settlers a considerable disturbance by seditious
practices, but he was taken, sent to gaol, and afterwards
from thence to York, where he had his trial, and was
sent to the eastward, with a caution not to return into
the government any more.

In the month call February 1669, Francis Love- Governor
lace™- being then governor, a commission and letters Loveiace.
of instruction were sent to the Hoarkill, authorizing
Herman us Fredericksen, to be schout, Slander Matson,
Otto Walgast, and William Cleason to be commissaries,
who were to keep good orders there, and to try all
matters of difference under 101. amongst themselves;
this seems to be intended to save them the trouble of
going to Xew-Castle upon every trifling occasion; but
for all matters above 10 1. they were to apply themselves
to New York, and so for all criminals.

Governor Lovelace gave also an order to captain
Martin Prieger, to receive the customs for all Euro-
pean <roo<ls imported at thef Hoarkill, and on the furrs
and peltry exported from thence, — viz. 101. per cent.

' Whereas I am given to understand, that all Euro- Customs
' pean goods imported at the Hoarkill in Delaware bay, at the ^
' did heretofore pay custom at the rate of 10 1. per cent.
'and all furrs and peltry exported from thence at the
' same rate, which turned to some advantage towards
'the support of the government, upon mature advice
' and consideration had thereof, I have thought fit
' to renew the former custom, and do therefore hereby
'order and appoint captain Martin Preiger, who is a
' person well versed in the trade of those parts, and very
'well known there both to the christians and Indians,
'to be- receiver and collector of the customs at the

Hoarkill

tn. !!•• sucr,-.,-ded Xicolls in the government of New York, in
M<nf l»i;>7, ami continued governor lill the colony was given up to
the Puich in the summer, 1117:5. Xirolls li:nl remained governor
•Ukoe the Dutch surrender till then, about two years and a Irtlf.

56 THE HISTORY

A. D. < Hoarkill, where by himself or his deputy he is to
l64* 'receive 10 per cent, of all European goods imported
( there, whether coining from this place, New-Castle
' in Delaware, or any other part ; and ten per cent.
' also for all furrs or peltry exported from thence,
'according to former custom and usage on that behalf;
' and all persons whatsoever trading thither, or from
' thence to any other place, are to take notice thereof,
' and to obey this my commission, under the penalty
' of confiscation of their goods if they shall presume
' to do otherwise, the said capt. Prieger standing obliged
' to be answerable here, for all such customs as shall be
'received by himself or deputy there, of which he is
' to render unto me a due and exact account/

Remarks. It was very early to impose such an extraordinary clog

upon trade as 10 per cent, and no doubt hard
upon the young settlers to pay it, and the reason given
for doing it (namely that it had been done before) seems
not so well calculated to render the payment easy as
might have been contrived ; probably the chief cause
was that hinted at in the governor's letter to Carre, ' to
'keep them under by taxes. that they might not have
' liberty to entertain any other thoughts but how to
' discharge them.7 The daily exigencies of the govern-
ment in those precarious times afforded a better present
plea, tho' of no force for continuing it afterwards ; but
after all, the government then more military than civil,
probably but little thought of a necessity to bestow colour-
ing upon their proceedings, however extraordinary, to
a people whom they could at any time compel to their
measures ; hard where that is the case of necessity, but
more hard and arbitrary, when continued without that
necessity. These precedents introduced a similarity of tax-
ation, which in time proved intolerable grievances.
But be their reasons to themselves. — As the Hoarkills to
the Swedes appeared a place of rather more conse-
quence than it's thought since, their account may be
worth observation. ' Two

OF NEW- JERSEY. 57

' Two leagues (says the manuscript in the Bri- A. D.
< tish museum,) from cape Cornelius on the west „ ?
' side of the river near its mouth, there is a certain descrip-
' creek called the Hoeren Kill, which may well pass tion of the
'for a middling or small river, for it is navigable a Hoar kill.
" jn'ivat way upward, and its road is a fine road for ships
' of all burthens, there being none like it for safety and
4 convenience in all the bay, the right channel for
4 sailing up the bay passing near it.

' A certain person who for several years together had
'been a soldier in the fort, informed us about the
'month of June, 1662, being then but lately come
' from thence, concerning the Hoern kill or Harlot's
' creek ; that along the sea shore it was not above two

* leagues from the cape, and that near the fort which
' is at the mouth of it, it is about 200 paces broad and

* navigable and very deep to about half a league
'upwards, the pilots say generally about six feet of
' water in going in, but the canoes can go about two

* Leagues higher : There are two small islands in it, the
' first very small the last about half a league in circum-

* feivnce, both overgrown with fine grass, especially

* the latter, and are at about half a league distance asun-
' der, and the latter about a league from the channel's
' mouth : The two islands are surrounded with a muddy
' ground, in which there grows the best sort of oysters,

' which said ground begins near the first island, for the_
' mouth of the channel has a sandy bottom, being also
'very deep, and therefore there are no oysters there:
( Near the smaller island and higher up it is as broad
' a^ain as at the mouth, near the said fort the channel
' for a good way runs at an equal distance from the sea,
' ha vino the breadth of about two hundred paces of
' high downy land lying between them, near the fort
' there is a glorious spring of fresh water, a small rill
'rising in the south east part of the country, and
Mailing from a rising hill, runs through this downy
'land into the mouth of the Hoern kill, or Harlot's

' creek,

58 THE HISTORY

A. D. < creek, is for its goodness and fertility famed for
1669. t £iie verv best of New-Netherlands-

' The name of Hoernkill or Harlot's creek, had
( as we are informed, its rise from the liberality of the
' Indians, for lavishly prostituting, especially at that
' place, their maidens and daughters to our Nether-
' landers : Otherwise it is by David Pietersz de Uries,
'who about the year 1630 first endeavoured to settle
' there, called Swanendal.'

The above description however, in the general true
at the time it was wrote, leaves room for a doubt,
at least as to the origin of the name.0- The probability
lies that it arose from the creeks winding much in the
shape of a horn ; whence the Dutch (and not the
Swedes) first took occasion to call it the Hoernkill ; this
is the tradition of the inhabitants there. Soon after
English possession, it got the name of Lewis-Town,
by which it is mostly called : It is situate at the mouth

. Alteration of Delaware bav,P- and is the general resort for pilots,

in a creek . .

and chan- waiting to convoy vessels up the river : Where the

nel* creek is described deep and sandy, is now a mowing

marsh: The channel also by the Hoarkill, then used
for vessels to pass, is diminished to about a hundred
yards breadth at the mouth : The two islands, one very
small, and the other but half a league in circumference,

are

n. The whole country from New- York to Pennsylvania, being
then so called ; 'tis observable, that this author through the whole,
gives the South river greatly the preference.

o. C. Golden in his history of the five nations pa. 11. relates a
custom of the same kind among them, but there does not appear
sufficient foundation to suppose the.se Indians originally justly charge-
able with such a practice, at least of the tribes generally; and the
relation of the Swedes is not in every instance to be depended on:
bad as the Indians now appear, and have many of them prov'd, they
were formerly better ; in a case doubtful 'tis perhaps best to err on the
charitable side.

p. The Delaware probably got it's name from ' the lord Delaware,
'who sailed in a ship of 250 tons, in April 1618, with 200 people
'for Virginia, but died at sea. Prince's N. E. Chronology, p. 54.

OF NEW-JERSEY. 59

are now the first supposed to be ten, and the last thirty A. D.
times as large as there described ; and this alteration
in about a hundred years.

CHAP. IV.

King Charles the second, and duke of York's grants,
whence lord Berkely and sir George Carteret, became
seised of New- Jersey : The first constitution of govern-
ment under them : The settlement of Bergen, Middle-
town, Shrewsbury i and Elizabeth- Town. Philip
Carteret appointed governor of Jersey: The Indian
purchase of Elizabeth- Town, by the settlers ; and the
first general Indian purchase by the proprietor, &G.

TH E right of the crown of England to these
provinces indisputably founded, as before
deduced, King Charles the second, did by letters K. Char-
patent, bearing date the twentieth day of March,
1GG4, for the consideration therein mentioned, grant
unto James, duke of York, his heirs arid assigns,
'all that part of the main land of New-England,
' beginning at a certain place, called or known by the
' name of St. Croix, near adjoining to New-Scotland,,
' in America ; and from thence extending along the
' sea roust, unto a certain place called Pemaquie or
' Pemaquid, and so up the river thereof, to the furthest
' head of the same, as it tendeth northward ; and ex-
1 tending from thence to the river of Kimbequin, and
'so upwards l>v the shortest course, to the river Canada
'northwards; and also all that island or islands, com-
' nionly called by the several name or names of Mato-
1 \\acks or Long-Island, situate and being towards
'the west of Capo-Cod, and the narrow Higansetts, a
'butting upon the; land between the two rivers, there
' called or known by the several names of Connecticut
'and Hudson's river; together also with the said river

4 called

THE HISTORY

A. D.
1609.

Duke of
York's
lease and
release.

' called Hudson's river; and all the land from the west
f side of Connecticut river, to the east side of Delaware
' bay ; and also several other islands and lands in the

* said letters patent mentioned ; together with the
' rivers, harbours, mines, minerals, quarries, woods,
4 marshes, waters, lakes, fishings, hawking, hunting
'and fowling, and all other royalties, profits, coramo-
1 dities and hereditaments to the said several islands,
' lands and premises, belonging or appertaining/

The duke of York being thus seized, did by his
deeds of lease and release, bearing date the 23d, and
24tii days of June, 1664, in consideration of a <com-
f petent sum of money/ grant and convey unto John
lord Berkely, baron of Stratton, one of the kings
privy council ; and sir George Carteret, of Saltrum,
in the county of Devon, knight, and one of the privy
council, 9 and their heirs and assigns forever ; all that
' tract of land adjacent to New-England, and lying
( and being to the westward of Long-Island and
( Manhattas island ; and bounded oh the east part by
' the main sea, and part by Hudson's river ; and hath
( upon the west, Delaware bay or river ; and extendeth
4 south ward to the main ocean as far as Cape-May,
' at the mouth of Delaware bay ; and to the north-
' ward as far as the northernmost branch of the said bay
'or river of Delaware; which is in 41 degrees and
( 40 minutes of latitude, and crosseth over thence in a
' straight line to Hudson's river, in 41 degrees of
' latitude; which said tract of land is hereafter to be called
' Nova-Cesaria or Ne w- Jersey ; and also all rivers,
4 mines, minerals, woods, fishings, hawkings, huntings,
'and fowlings, and all other royalties, profits, com-

* modities, and hereditaments whatsoever to the said

' lands

q. Sir George Carteret was gevernor of Jersey, and held it for
K. Charles ii in the troubles of 1649, — expelled the house of com-
mons, in 1669 for confused accounts, as chamberlain. Smollet.

Treasurer of the navy, and vice chamberlain of the king's house-
hold. Clarendon.

O F N E W - J E R S E Y . 61

' lands and premises, belonging or in any wise appear- A. D.
' tain ing, with their and every of their appurtenances
'in as full and ample manner as the same is granted
' unto the said duke of York, by the before recited
' letters patents.

The Lord Berkeley, and sir George Carteret, in Berkley
consequence of this conveyance, now sole proprietors "

of \r\v-J.Tsev, for the better settlement thereof, coustitu

T ... tions.

agreed upon certain constitutions or government;

which were so well relished, that the eastern parts of
the province were soon considerably peopled.''-

This was the first constitution of New- Jersey, and it
continued entire, till the province became divided in
1676. Sir George Carteret, then the only proprietor
of the eastern division, eonfirrn'd and explained the
concessions, with a few additions. The county of Bergen Bergen,
was the first settled place, a great many dutch being
already there, when the province was surrendered, re-
mained under the English government. A few Danes
were probably concerned in the original settlement of
this county, whence came Bergen, after the capital of
Norway. The manner of originally settling is singular,
but small lots where their <\ well ing houses are, and
these contiguous in the town of Bergen : Their plan-
tations \\hich they occupy for a livelihood, are at
some distance ; the reason of fixing thus, is said to be
through fear of the numerous Indians in the early
times of their settlement, about forty or fifty years
before the surrender* «• It

r. Vide. Appendix, numb. i.

s. The date of the Dutch settlement, will he nearlv ascertained

by the following extrict. — 'As SOUK- unknown country further

•O'lth ward, about Hudson's river w is in their view (meaning the-

Plymouth colony) when they en«r:i«red in this adventurous voyage,

' Mr. Morton who published hifl m -moria! in 1620 tells us, he had

'then lately «nr- intelligence thai the Du'ch intending to settle a.

'colony there of their own. privately hiivd (he master of tlu>«hip to

'contrive delays in Kngiand, then to steer them to these northern

' coast*

-62

THE HISTORY

A. D.

1669.

Indian
purchase
of fc]liza-
beth Town

and

NicolP*
patent.

Freehold.

Elizabeth,
Newark,
Middle-
town and
Shrews-
bury.

It was in 1664, that John Bailey, Daniel Denton, and
Luke Watson, of Jamaica, on Long-Island, purchased
of certain Indian chiefs, inhabitants of Staten-Island ;
a tract or tracts of land, on part of which the
Town of Elizabeth now stances ; and for which (on
their petition) governor Richard Nicolls granted a
deed or patent to John Baker of New- York, John
Ogden,. of Northampton, John Bailey, and Luke
Wateon, and their associates ; dated at fort James,
in New- York, the second of December.*- This
was before lord Berkely's and sir George Carteret's
title was known; and by this means, this part of
the province had some few very early settlements,
whether Middletown and Shrewsbury had not Dutch
and English inhabitants before, we are not authorized
to say : About this time however, was a great resort of
industrious reputable farmers ; the English inhabitants
from the west end of Long-Island, almost generally
removed to settle hither; and most of them fixed
about Middletown, from whence by degrees, they
extended their settlements to Freehold and thereabouts.
To Shrewsbury there came many families from New-
England : There were very soon four towns in the
province, viz. Elizabeth, Newark, Middletown, and
Shrewsbury.; and these with the country round, were
in a few years plentifully inhabited, by the accession
of the Scotch, of whom there came a great many,
such settlers as came from England, those of the Dutch
that remained, and those from the neighbouring
colonies. Lord

' coasts, and there under pleas of shoals and winter to discourage
' them. from venturing farther. — Agreeable to this, while the rCnglish
' Leydeners (i. e. the said Plymouth company) were preparing for
'their voyage, as capt. Dormer returned from Virginia to New-
' England, he met certain Hollanders, sailing for .Hudson's river,
'wliure they had had a trade for several years. Prince's N. E.
' Chronol. p[ S3, 84."

t. This is what is commonly called the Elizabeth-Town grant.

OF NEW-JERSEY. 63

Lord Berkely and sir George Carteret having agreed A. D.
upon their concessions, appointed Philip Carteret p

governor of New-Jersey, and gave him power with ret gover-
the advice of the major part of the council, to grant
lands to all such as by the concessions were entitled
thereto, and tho' there is no provision in the concessions
for bargaining with the Indians,**- Governor Carteret
on his arrival thought it prudent to purchase their pm^y^
rights: This was to be done for sums inconsiderable, oftheln-
in comparison with the damage a neglect might
have occasioned.^ For though the Indians about the
English settlements, were not at this time considerable
as to numbers, they were strong in their alliances, and
besides of themseK-es could easily annoy the out
plantations ; and there having been before several

considerable

u. This in 1672 was supplied by particular instructions directing
•that the governor and council should purchase all lands from the
Indians and be reimbursed by the settlers, as they made their pur-

chases.

x. Richard Hartshorne, a considerable setler at Middletown, who
came over in this year had like to haveexperiencedsomedisadvantage
from i his neglect in the patentees of that town, ' The Indians says he
'came lo my house, and laid their hands on the post and frame of
' the house and said that house was theirs, they never had any thing
' for it. and told me if I would not buy the land, I must be gone.
1 But I minded it not, thinking it was Davis's land, and they
' wanted to get something of me ; they at last told me they would kill
' my cattle and burn my hay. if I would not buy the land nor begone;
'th« 11 I w^nt to the Patentees, which were James Grover, Richard
'Stout, .John Bound, and Richard Gibbons; they told me it was
' never bought, nor had ihe Indians any thing for it. Nicol Is desired
'of them :unl the Indians also, only to have leave to set a trading
'house, and at that time they did not intend any one should have the
'land, but keep it for the use of the country, always giving leave
4 tor ;iny man lo trade with goods and not otherwise;" but I told them
' 1 would no; live on those terms, and not only so, but it was dan-

gerotin, for the Indians threatned to kill my cattle; they told me no
| man had power to buy, but the p itentees/and they would buy it;
'tliiw it continued some months. I considered the "thing as well as

I then was capable, and went to Gravesend and bought William
'Goulder out, and when I came back the Indians were at me and I
'did. James (trover. Richard Siout, Samuel Spieer were at Wake-
"eake, wlu-n I bought Wake-cake and paid for it, I being then a
'Patentee as well as the n-M.1

64

THE HISTORY

A. D.

1669.

1669.

Tradition
of the
Dutch at-
tacking
the Indi-
ans.

considerable skirmishes between the Dutch and them,
in which some blood had been spilt, their friend-
ship on this consideration it was thought stood but
ticklish : Upon the whole, the governor so ordered it,
that the comers were either to purchase of the Indians
themselves, or if the lands were before purchased, they
were to pay their proportions : The event answered his
expectation, for as the Indians parted with the lands
to their own satisfaction, they became of a jealous,
shy people, serviceable good neighbours, and though
frequent reports of their coming to kill the white peo-
ple, sometimes disturbed their repose, no instance occurs
of their hurting them,*/- in those early settlements.

In the Dutch skirmishes with the Indians, it is said
the English from Long-Island, together with such as
were settled among the Dutch, used to join the latter
in frequent excursions up the rivers to annoy or figure
among the Indians : There is a tradition, that in one of
those expeditions up a Jersey river, one of the company
of more curiosity or boldness than the rest, went at
some distance in the country to discover an Indian town,
which at last he did, by coming upon it before he was
well aware of his situation; there were many seated
quietly together ; at the instant he saw them, they saw
him, he was surprized, but quickly recollecting him-
self, took a paper out of his pocket, and with that
boldly went up, telling them it was proposals from the
government at York, and read at random such things
as came into his head ; by this stratagem he got off
unmolested, and discovering at York what he had seen,
told the government, if they would send a party against
them he would be their pilot : A party was accordingly
sent, corning upon the Indians in the night, some of
them found means to get in to windward of their little

town,

y. That is the English here spoken of.

OF NEW-JERSEY. 65

town and setting fire to it, burnt the whole down ; their A. D.
wigwams were built close together, and made of flags,
boshes, and other light combustible matter, covered
with the bark of trees, so that the fire burnt with vio-
lence ; the Indians notwithstanding their surprise, took
to their bows and arrows, and used them with dexterity
arid courage, till being overpowered, several of them
were destroyed.

That we may place traditional intelligence of this
sort together, we will here venture at one more little
occurrence of that kind ; but with this remark, that we
pretend to no greater certainty in either, than what
arises from the probability of facts supported by esta-
blished credit of pers'ons relating them, and the known
hostilities at times subsisting between the Dutch and
Indians in their early settlement.

While New- York was in possession of the Dutch,
about the time of the Indian war in New-England, a
Dutch ship coming from Amsterdam, was stranded
on Sandy Hook,3« but the passengers got on shore;
among them was a young Dutchman who had been Case of a
sick most of the voyage; he was taken so bad after remarka-
landing, that he could not travel; and the other pas- bly saved
sengers being afraid of the Indians, would not stay till Indians. *
he recovered, but. made what haste they could to New-
Amsterdam ; his wife however would not leave him,
the rest promised to send as soon as they arrived : They
had not been long gone, before a company of Indians
coming down to the water side, discovered them on the
beach, and hastening to the spot, soon killed the man,
and cut and mangled the woman in such a manner that
they left her for dead. She had strength enough to
crawl up to some old logs not far distant, and getting

into

z. Other accounts say in Delaware, nigh Christeen, but this is
likely to be true.

E

66 THEHISTOEY

A. D. into a hollow one, lived mostly in it for several days,
subsisting in part by eating the excrescences that grew
from it ; the Indians had left some fire on the shore,
which she kept together for warmth : having remained in
this manner for some time, an old Indian and a young one
coming down to the beach found her; they were soon
in high words, which she afterwards understood was a
dispute; the former being for keeping her alive, the
other for dispatching : After they had debated the point
a while, the first hastily took her up, and tossing her upon
his shoulder, carried her to a place near where Middle-
town now stands, where he dressed her wounds and soon
cured her : After some time the Dutch at New- Amster-
dam hearing of a white woman among the Indians,
concluded who it must be, and some of them came to
her relief; the old man her preserver, gave her the choice
either to go or stay ; she chose the first : A while after
marrying to one Stout, they lived together at Middletown
among other Dutch inhabitants ; the old Indian who
saved her life, used frequently to visit her ; at one of
his visits she observed him to be more pensive than com-
mon, and setting down he gave three heavy sighs ; after
the last she thought herself at liberty to ask him what
was the matter? He told her he had something to tell
her in friendship, tho' at the risk of his own life, which
was, that the Indians were that night to kill all the
whites, and advised her to go off for New-Amsterdam ;
she asked him how she could get off? he told her he
had provided a canoe at a place which he named : Being
gone from her, she sent for her husband out of the
field, and discovered the matter to him, who not
believing it, she told him the old man never deceived
her, and that she with her children would go ; accord-
ingly going to the place appointed, they found the
canoe and paddled off. When they were gone, the
husband began to consider the thing, and sending for

five

OF NEW- JERSEY. 67

five or six of his neighbours, they set upon their guard : A. D.
About midnight they heard the dismal war-hoop; pre-
sently came up a company of Indians ; they first expo-
stulated, and then told them, if they persisted in their
bloody design, they would sell their lives very dear:
Their arguments prevailed, the Indians desisted, and
entered into a league of peace, which was kept with-
out violation. From this woman, thus remarkably
saved, with her scars visible, through a long life, is
descended a numerous posterity of the name of Stout,
now inhabiting New-Jersey : At that time there were
supposed to be about fifty families of white people,
and five hundred Indians inhabiting those parts.

Governor Carteret did not arrive to his government
of New-Jersey, till the latter end of the summer,
1665; till which time the province was under Nicolls's
jurisdiction : On the arrival of the former, he sum-
moned a council, granted lands, and administered the
government on the plan of the general concessions,
and took up his residence at Elizabeth-Town, to
which it is said he gave the name, after Elizabeth,
wife of sir George Carteret: With him came
about thirty people ; some of them servants : They
brought goods proper for the planting a new country ;
and the governor soon afterwards sent persons into
New-England, and other places, to publish the propri-
etors concessions, and to invite people to settle there;
upon which many soon came from thence: some
settled at Elizabeth-Town, others at Woodbridge,
Piscattaway :md Newark: The ship that brought the
governor, having remained about six months, retur-
ned to England, and the year after made another
voyage. Sundry other vessels were from time to time
sent by the proprietors with people and goods, to
<>nc< mi-age the planting and peopling their lands.
Thus the province of East-New-Jersey increased in

settlement

68 THE HISTORY

A. D. settlement, and continued to grow till the Dutch inva-
16(39

sion in 1673, when they having got possession of the

country, some stop was put to the English government;
but the treaty afterwards between king Charles the
second, and the States general a£ London 1673-4, put
all general difficulties of that kind out of dispute; the
sixth article whereof is in these words, ' That whatever
' country, island, town, haven, castle, or fortress, hath
' been, or shall be taken by either party from the other
' since the beginning of the late unhappy war, whether
e in Europe or elsewhere, and before the expiration of
( the times above limited for hostility, shall be restored
' to the former owner in the same condition it shall be
' in at the time of publishing this peace/

Tho' the inhabitants were at variance among them-
selves, there was also pretty constantly a resort of settlers
between the years 1665 and 1673, and they increased
fast afterwards. But the Elizabeth-Town purchasers
and others, setting up a right, differing in some respects
from that of the proprietors, and other incidents
falling out, which, though some of them inconsiderable,
and others one would think might then easily have
been settled, yet nourished by a more vindictive spirit
on all sides than was immediately necessary, they occa-
sioned much disturbance.^ Carteret going for England
Berry. in the summer, 1672, left capt. John Berry his deputy.

He returned in 1674, and found the inhabitants more
disposed to union among themselves, and bringing
with him the king's proclamation, and a fresh commission
and instructions from sir George Carteret, he sum-
moned the people, and had them all published ; which for
a while had a good effect towards restoring proprietary

authority

a. It is not our business to enter particularly into these disturbances

they went in several instances to disreputable lengths. Governor

Andros of York, in 1680, undertook to dispute governor Carteret
of Jersey's commission, and sending to Elizabeth-Town an armed
force, seized and carried him prisoner to- New- York.

OF NEW-JERSEY. 69

authority, and the publick peace : He remained gover- A. D.
nor till his death in 1682. In his time the general
assemblies and supreme courts sat at Elizabeth-Town,
and the councils generally : Here the secretary's office,
and most other pubiick offices were held ; here also
most of the officers of the government then resided.

In September 1671, an extraordinary council was 1671.
held at New- York ; present, Governor Lovelace, the
mayor and secretary of New- York, major Steenwick,
governor Philip Carteret, and captain James Carteret
of New-Jersey : The occasion was this, William Tomm
and Peter Alricks, had just arrived from Delaware, Particu-
with the particulars of the Indian murders mentioned raurder8
before, that two Christians (Dutch men) had, as there by the In~
related, been murdered by some Indians at the island
Matin icunk,k on Delaware : Alricks being present
at the council, informed them, the nation of whom
thc-e murderers were, consisted of about fifty or sixty
persons, and that the mischiefs committed on Delaware
this seven years, were said to be done by them : That
the Indians their confederates (as it was supposed they
would be if a war should follow) were about a thou-
sand persons, besides women and children : That two
'of the saggamores of the nation of the murderers,
promised their best assistance, to bring them in, or
procure them to be knocked in the head, if counte-
nanced

b. The upper island situate partly between Burlington and Bristol,
af e!-\v :i nl-; taken up by a proprietary right, by Hubert Stacy, and
by liiin given to Burlingum; and in 1682, coufirm'd by a proprie-
tary |:i\v, for the use of a free school forever. It is detach'd from
the main by a little channel occasional by the waters of Essiscunk
creek. When (iookin, a former governor of Pennsylvania, was
about obtaining a grant of the islands in I >elaware, it is said the lords
of i r. id • exc;-pu>d this in their report to t lick inland council, as having.
ilready occupied; and not on a footing with the other islands;
it i< inconsiderable as to v.ilue compared with many of the others,
yet l..nur p'K-e-sion and some improvements, have 'rendered it
n>eful to Burlington.

70 THE HISTORY

A. D. nanced by the government; and that many other
Indians he met upon the road, much disallowed of the
murder, and were very sorry for it, and offered their
assistance against them. Alricks further related,
that it was proposed by the sachems, as the best scheme
to set upon this nation, to cause a kintecoy to be held ;
and that in the midst of their mirth, one should be
hired to knock them in the head ; adding, as his own
opinion, that the best time to fall upon them was
about the 25th October ; because after that their usual
manner was to go a hunting, and then they could not
be easily found : But now the immediate danger was
of their destroying the corn and cattle of the Christians,
and that the murders were owing to TashiowyGan, who
having a sister dying, expressed great grief for it, and
said the Mannetta hath killed my' sister, and I will go kill
the Christians; and taking another with him, they toge-
ther executed the barbarous facts.

This information considered, the council concluded,
that Thomas Lewis, then bound with his sloop for
New-Castle, should be stayed from his voyage, for
three or four days when Alricks and Henry Courtu-
rier, would be ready to go with him ; that in the mean
time, general instructions should be drawn to take
along with them : That the Governor of New-
Jersey, and capt. James Carteret, (then present) should
expeditiously order a general assembly to be called in
that government, (according to their custom upon all
emergent occasions) to know the people's strength and
readiness ; and how far they were willing to contribute
towards the prosecution of a war against the Indians.
That a frequent correspondence be kept between
the two governments, and that nothing be done in
this Indian War, without mutual advice and consent of
both the governors ; unless upon extraordinary oppor-
tunity, where advantage against the enemy might
suddenly be taken, before notice could be given.

These

OF NEW-JERSEY. 71

These resolutions taken, the next step was to tran- A. D.

1 fi71

smit instructions to William Tomm, (he was either
one of the commissaries appointed by Carre, and the
authority at New-Castle, or a kind of deputy under
them, up Delaware) that he might forecast how a war
might be prosecuted to the best advantage; and it
requiring time to get things in order, all the frontier
scattering plantations, were immediately to thresh out
or remove their corn, and dispose their cattle, so as to
receive the less damage by the effects of the war:
Next he was to order, that none on pain of death,
should presume to sell any powder, shot, or strong
waters to the Indians ; and that in the mean time, the
inhabitants were to carry (if such a thing was practi-
cable) a seeming complacency with the nation of whom
were the murderers, either by treaty or traffick, to
prevent suspicion of the designs on foot ; but withall
it was directed, that if they would either deliver up
the murderers, or their heads ; the English were at
liberty to assure them of no disturbance. Lovelace
also wrote to Carre upon this occasion, to be vigilant
in making preparations for the war ; and as directions
could not be punctual, the whole was left to his pru-
dent management, with advice of his commissaries.
The next council held upon this occasion, was in
November, at Elizabeth-Town; present, the gover-
nors Lovelace and Carteret, and divers others. Here
the season was thought too far advanced, to begin the
war; but the magistrates were authorized to treat
with the neighbouring Sasquehana Indians, or others,
to join together against the murderers, and such as
harboured them; and to promise a reward as they
should think fit; provided caution was used so as to
c-ivate no sudden jealousy; But this proved unneces-
sary ; the Indians uneasy about the murder, were not
u \vr>e to a full revenge, as the event proved. In
December, a punvl of them meeting at Rambo's,

sent

72

THE HISTOEY

A. D.
1672.

An Indian

shot.

New-
AmBtell
incorpo-
rated.

Distur-
bance at
the Hoar-
kill.

sent for Tomm and others, and promised within six
days to bring in the murderers, dead or alive : Accord-
ingly two Indians sent by the sachems, to take them,
coming to Tashowycan's wig-warn in the night; one
of them his particular friend ; him he asked if he
intended to kill him ; he answered no, but the sachems
have ordered you to die : He demanded what his brothers
said ; being told they also said he must die, he then
holding his hands before his eyes, said kill me: IJpon
this the other Indian, not his intimate, shot him in
the breast : They took his body to Wickaco, and after-
wards hung it in chains at New-Castle : The English
gave the sachems for this, five matchcoats. The other
murderer hearing the shot, ran naked into the woods,
and what came of him after, appears not. The Indians
upon this death, summoned many of their young men,
and before the English, told them, that now they saw
a beginning of punishment, and all that did the like
should be so served. Thus ended an affair, which
while these Indians were a formidable body, looked
discouraging.

The town of New-Castle, in the spring, 1672, was
by the government at York, made a corporation, to
be governed by a bailiff and six assistants ; after the
first year the four old to go out, and four others to
be chosen : The bailiff was president, with a double
vote ; the constable chosen by the bench ; they had
power to try causes as far as ten pounds, without
appeal : The English laws were established in the town,
and among the inhabitants on both sides Delaware:
The office of Schout was converted into a sheriff, for the
corporation and river, annually chosen ; and they were
to have free trade without being obliged to make entry
at New- York, as heretofore had been the practice.

About this time happened a considerable disturbance
at the Hoarkills : A party from Maryland, headed by

one

OF NEW- JERSEY. 73

one Jones, made an incursion, and binding the ma- A. D.
gistrates, and other inhabitants, carried off what
plunder they could ; being joined by Daniel Brown,
a planter at the Hoarkills ; he was sent to New- York,
took his tryal and was convicted ; but on promises of
amendment, and a small security for future good
behaviour dismissed. With respect to the Mary landers,
Lovelace's letter to that governor, shows him to have
had some spirit, tho' his character in general was
rather that of an upright, but timid governor and good
natured man: It is dated the 12th of August, 1672.
To Philip Calvert, Esq; governor of Maryland.

SIR,

' I thought it had been impossible now in these por-
' tending boisterous times, wherein all true hearted Governor
/ Englishmen, are buckling on their armour to vindi- Lovelace's
'cate their honours, and to assert the imperial interest ^Ue
' of his sacred majesty's rights and dominions ; that governor

* now without any just grounds, either given or pre- of Mary-
' tended, such horrid outrages should be committed tn '

' on his majesty's liege subjects, tinder the protection
' of his royal highness's authority, as was exercised
' by one Jones, who with a party as dissolute as himself,
' took the pains to ride to the Hoarkills, where
' in derision and contempt of the duke's authority,

* bound the magistrates and inhabitants, dispitefully
' treated them, rifled and plundered them of their
( goods ; and when it was demanded by what authority
' In- acted, answered in no other language but a cock'd

* pistol to his breast; which if it had spoke had for-

* ever silenced him. I do not remember I have heard
' of a Drearer outrage and riot committed on his
' majesty's subjects in America, but once before in
'Maryland: ion cannot but imagine his royal high-

* n 88 will not I)-- satisfied with these violent proceed-
' ings, in which the indignity rebounds on him:
' neither can you but believe it is as easy an under-
' taking, for me to retaliate the same affront on Jones's

head,

74 THE HISTORY

A. D. * head, and accomplices, as he did on those indefen-
1672. 'cible inhabitants: But I rather chuse to have first a
'more calm redress from you; to whom I now appeal,
' and from whom may in justice expect that right in
' the castigation of Jones cum socies, that youc
'nature and the law has provided for; otherwise 'I
( must apply myself to such other remedies as the
' exigence of this indignity shall persuade me to :
' Thus leaving it to your consideration, I shall remain
' your very humble servant,

FR. LOVELACE/

Governor Lovelace also wrote to capt. Carre upon
this occasion.

SIR,

' The letters you sent by the express over land came
Governor < safe to my hands, with the inclosed relation and
to°Carre! ' papers concerning the Hoarkiil, and the Marylanders
'forcibly possessing themselves of the place, as also
' of the goods and estates of some of the inhabi-
' tants, of which we had some rumours before, but
' did not give much credit to it ; supposing what
' was done before, to be the rash action of some private
' person ; not thinking the authority of Maryland
( would invade his royal highnesses territories, which he
( hath been possessed of for near eight years, without
' giving the least overture of it to me, who am his
' royal highnesses deputy : Their former violent action
' and force, upon those poor unarmed people, together
' with the particulars of their plunders, I had immediate
' opportunity of transmitting to his royal highness by a
' ship then bound away for London, the which I made
' use of, and recommended their case ; and I hope it
' hath long e'er this arrived to his hands ; so that some
' directions about it may be expected in a short time ;
' till when I think it best for the present to leave matters
' there as they are ; but as to the cloud which likewise
' hangs over your heads at Delaware, which it is said
' they are making preparations to invade ; my instruc-
' tions and orders to you, and the officers in general,
'are, that you put yourselves in the best posture of

defence

OF NEW-JERSEY. 75

'defence possibly you can, by fitting up the fort in the A-_D-

' town, keeping your companies in arms, both there

e and up the river ; who are to provide themselves with

' fitting ammunition ; and that all soldiers be at an hour's

' warning upon any alarm or order given ; and that at

' the town especially, you make your guards as strong

' as you can, and keep a strict watch ; and if any enemy

'comes to demand the place, that you first desire to

' know their authority and commission, and how it

' comes to pass those of Maryland should now make

' such an invasion, after so long quiet possession of those

' parts by his royal highnesses deputies, under his maje-

1 sty's obedience, and by other nations before that,

' several years before the date of the lord Baltimore's

' patent, whom they never disturbed by arms, and

' whose right is now devolved upon the duke. Stand

' well upon your guard, and do not begin with them,

' but if they first break the peace by firing upon your

'guards, or any such hostile action, then use all possi-

' ble means to defend yourselves and the place, and

' command all his majesty's good subjects to be aiding

' and assisting to you ; who I hope will not be wanting

' to their abilities : In all matters of concern, you

' are to take advice of the chief officers there.

1 This will come to you by your bailiff, Mr. Peter
' Alricks, who is hastening over land, to secure his
' a Hairs there, in this portending invasion, and to give
' his best help for the safeguard of the place, and his
' royal highness's interest upon all occasions : Fail not
' to send an express to me, by whom I shall give you such
' further directions and assistance as will be requisite;
' and if occasion should be, will come over myself in
' person ; though the spring would be more suitable for
' me than a winter voyage ; so recommending all things
' to your care and vigilance, of which I expect a good
' account : I conclude, being your very loving friend,

Lancia Lovelace.'

The

76

THE HISTORY

A. D.

1672.

New-
Castle, &c.
plundered
by priva-
teers.

Wampum.

1673.

1674.

Sir George
Carteret's
instructi-
ons.

The inhabitants at New-Castle and the Hoarkills,
also suffered considerable losses, by . Dutch privateers
plundering their effects. For reparation, they were
permitted by the government to lay an imposition, and
power given to the magistrates, to levy and receive
upon each anchor of strong liquors spent or disposed of
among them, the value of four guilders in wampum,c.
but this to continue for one year only, as a tryal of its
utility.

Wampum was the chief currency of the country ;
Great quantities had been formerly brought in, but
the Indians had carried so much away, it was now
grown scarce ; and this was thought to be owing to its low
value. To increase it, the governor and council at York
issued a proclamation in 1673, that instead of eight
white and four black, six white and three black wam-
pums should pass in equal value as a stiver or penny ;
and three times so much the value in silver. This pro-
clamation was published at Albany, Eusopus, Dela-
ware, Long-Island, and parts adjacent.

Mention was made that sir George Carteret by his
instructions to governor Carteret, confirmed the original
concessions with additions and explanations : These bore
date the 13th of July 1674: Among other things they
direct, that the governor and council should allow eighty
acres per head, to settlers above ten miles from the sea,
the Delaware, or other river, navigable with boats;

and

c. Eight white wampum or four black, passed at this time as a
stiver, twenty stivers made what they called a guilder, which was
about six pence present currency. The white wampum was worked
out of the inside of the great conques into the form of a bead, and
perforated to string on leather. The black or purple was worked
out of the inside of the mussell or clam-shell, they were sometimes
wove as broad as ones hand, and about two feet long ; these the
Indians call belts, and commonly give and receive at treaties, as
seals of their friendship : For lesser matters a single string is given.
Every bead is of a known value, and a belt of a less number is made
to equal one of a greater, by so many as is wanting fastened to the
belt by a string.

OF NEW-JERSEY. 77

and to those that settled nearer, sixty acres : That the land A .^D.
should be purchased from the Indians, as occasion
required, by the governor and council, in the name of
the proprietors, who were to be repaid by the settlers
with charges :d- That all strays of beasts at land, and
wrecks at sea, should belong to the proprietor ; and that-
all persons discovering any such thing, should have
satisfaction for their pains and care, as the governor and
council might think fit.

CHAP. V.

i

Major Andros appointed governor at New*- York : Takes
possession at Delaware : Arrival of the first English
settlers to West- Jersey, under the duke of York's title :
Lord Berkely assigns his moiety of New- Jersey to Byl-
linge, and he in trust to others : Their letter and first
commission: New- Jersey divided into the provinces,
East and West-Jersey ; and the declaration of the West-
Jersey proprietors.

A BOUT the month of October 1674, major Ed- 1674.
./"x iiuind Andros6- arrived governor, under the duke
of York ; he soon after authorized captain Cantwell Major
and William Tom in, to take possession of the fort and
stores at New-Castle, for the king's use, pursuant to
the late treaty of peace, and to take such other measures
for their settlement and repose at New-Castle, the Hoar-
kills, and other parts of Delaware, as they thought
best; requiring them to comport themselves towards

the

d. A paragraph of this fort, is also inserted in one of the
letters of instruction from lord Berkely and sir George Carteret,
in conjunction, in 1672.

«. He was afterwards knighted : he bore the unfavourable cha-
racter of an arbitrary governor, who made the will of his despotic
master (James ii.) and not the law,, the chief rule of his conduct.

78 THE HIS TORY

A. D. the neighbouring colonies in an amicable manner.
Proclurna- This done, he published a proclamation in the words
tion- following :

( Whereas it hath pleased his majesty and his royal
' highness, to send me with authority, to receive this
'place and government from the Dutch, and to con-
1 tinue in the command thereof under his royal high-
( ness, who hath not only taken care for our future
4 safety and defence, but also given me his commands
' for securing the rights and properties of the inhabi-
' tants, and that I should endeavour by all fitting
' means, the good and wellfare of this province, and
' dependencies under his government ; that I may not
' be wanting in any thing that may conduce thereunto,
' and for the saving of the trouble and charge hither,
' for the satisfying themselves in such doubts as might
'* arise concerning their rights and properties upon the
f change of government, and wholly to settle the minds
'' of all in general, I have thought fit to publish and
' declare, that all former grants, privileges or conces-
'sions heretofore granted, and all estates legally posses-
' sed by any under his royal highness, before the late
' Dutch government, (as also all legal judicial proceed-
t ings during that government, to my arrival in these
' parts) are hereby confirmed, and the possessor by
' virtue thereof, to remain in quiet possession of their
;' rights : It is hereby further declared, that the known
' book of laws formerly established and in force under
' his royal highness's government, is now again con-
•' firmed by his royal highness; the which are to be
'' observed and practised, together with the manner and

* time of holding courts therein mentioned as hereto-

* fore ; and all magistrates and civil officers belonging
f thereunto, to be chosen and established accordingly.
•' Given under my hand in New- York, this 9th day of
' November, in the twenty-sixth year of his majesty's
f reign, annoque domini 1674.'

Andros being now seated in his government, we
shall leave him, and take a. view of other matters:

First

OF NEW-JERSEY. 79

First respecting the arrival of a few passengers from Av.?*
England to West-Jersey : One moiety or half part of
the province of New-Jersey, belonged to the lord Ber- First arri-
keley, and now about was sold to John Fenwick, in
trust for Edward Byllinge and his assigns. Fenwick
in 1675, set sail to visit the new purchase in a ship from
London, called the Griffith ; arriving after a good
passage, he landed at a pleasant rich spot, situate near
Delaware, by him called SALEM, probably from the
peaceable aspect it then bore. He brought with him
two daughters, and many servants, two of which,
Samuel Hedge and John Adams, afterwards married
his daughters ; other passengers were, Edward Champ-
ness, Edward Wade, Samuel Wade, John Smith and
•wife, Samuel Nichols, Richard Guy, Richard Noble,
Richard Hancock, John Pledger, Hipolite Lufever,
and John Matlock ; these, and others with them, were
masters of families. This was the first English ship
that came to West-Jersey, and none followed for
near two years, owing probably to a difference between
Fenwick and Byllinge.

But this difference being settled to the satisfaction of
both parties, by the good offices . of William Penn,
Byllinge agreed to present his interest in the province of
New-Jersey, to his creditors, as all that he had left,
towards their satisfaction, and desir'd Penn to join
Gawen Lawrie and Nicholas Lucas (two of his creditors)
and they together to be trustees : Penn at first unwilling,
was by the importunity of some of the creditors, pre-
vailed on ; and with the others accepting the charge,
they became trustees for one moiety or half part of the
province ; which tho' yet undivided, necessity pressing,
they soon sold a considerable number of shares of their
propriety to different purchasers, who thereupon became
proprietors (according to their different shares) in
common with them ; and it being necessary that some

scheme

so THEHISTOEY

A. p. scheme should be fallen upon, as well for the better
distribution of rights to land, as to promote the settle-
Western ment, and ascertain a form of government; con-
coucessions.

cessions were drawn, mutually agreed on, and signed

by some of the subscribers,^ (for they did not all sign
at once.) It was next the business of the proprietors,
who held immediately under lord Berkely, to procure
a division of the province, which after some time was
effected ; and then as an expedient for the present
well ordering matters, they wrote the following letter o

London, 26th of
1676. Richard Hartshorne. the 6th month, 1676.

' We have made use of thy name in a commission
' and instructions, which we have sent by James Wasse,
' who is gone in Samuel Groome's ship for Maryland ;
' a copy of which is here inclosed, and also a copy of a
' letter we have sent to John Fen wick, to be read to

* him in presence of as many of the people that went
'with him as may be; and because we both expect,
e and also entreat, and desire thy assistance in the same
' we will a little shew things to thee, that thou may
'inform not only thyself, but friends there; which in
' short is as follows.

( 1st. We have divided with George Carteret, and
( have sealed deeds of partition, each to the other ; and

* we have all that side on Delaware river from one end
' to the other ; the line of partition is from the east side
( of little Egg Harbour, straight North, through the
( country, to the utmost branch of Delaware river ; with
' all powers, privileges, and immunities whatsoever :
( ours is called New West- Jersey, his is called New
1 East- Jersey.

1 2d. We have made concessions by ourselves, being
' such as friends here and there (we question not) will
' approve of, having sent a copy of them by James
t Wasse ; there we lay a foundation for after ages to
' understand their liberty as men and Christians, that they

'may

e. Appendix numb. ii.

OF NEW-JERSEY. 81

'may not be brought in bondage, but by their own A^ "D.

' consent ; for we put the power in the people, that

' is to say, they to meet and choose one honest man

1 for each propriety, who hath subscribed to the concea-

1 sinus; all these men to meet as an assembly there, to

1 make and repeal laws, to choose a governor, or a com-

' missioner, and twelve assistants, to execute the laws

'during their pleasure; so every man is capable to

'choose or be chosen: No man to be arrested, con-

' deinned, imprisoned, or molested in his estate or

' liberty, but by twelve men of the neighbourhood :

1 Xo man to lie in prison for debt, but that his estate

1 satisfy as far as it will go, and be set at liberty to

' work : No person to be called in question or molested

* for his conscience, or for worshipping according to
1 his conscience ; witji many more things mentioned
' in the said concessions.

•' 3. We have sent over by James Wasse, a com-
' mission under our hands and seals, wherein we im-

* power thyself, James Wasse and Richard Guy, or
' any two of you, to act and do according to the in-
' struct ions, of which here is a copy ; having also sent
' some goods, to buy and purchase some land of the
' natives.

' 4. We intend in the spring to send over some more
1 commissioners, with the friends and people that
' cometh there, because James Wasse is to return in
' Samuel Groom's ship for England : for Richard Guy,
' we judge him to be an honest man, yet we are afraid
1 that John Fenwick will hurt him, and get him to
' condescend to things that may not be for the good
' of the whole ; so we hope thou wilt ballance him to
' what is just and fair; that John Fenwick betray him
' not, that things may go on easy without hurt or jar;
' which is the desire of all friends; and we hope West
' Jersey will be soon planted ; it being in the minds of
' many friends to prepare for their going against the
' spring.

F 5. Having

82 THE HISTORY

A. D. < 5. Having thus far given thee a sketch of things,

1676. t we corae 110W to desire thy assistance, and the assistance

' of other friends in your parts ; and we hope it will

' be at length an advantage to you there, both upon

* truth's account, and other way§; and in regard many
' families more may come over in the spring to Delaware
' side, to settle and plant, and will be assigned by us to

* take possession of their particular lots ; we do entreat

< and desire, that thou, knowing the country, and how
' to deal with the natives ; we say, that thee, and some
' other friends, would go over to Delaware side, as soon
4 as this comes to your hands, or as soon as you can
' conveniently ; and James Wasse is to come to a place
' called New-Castle, on the other side of Delaware

< river, to stay for thee, and any that will go with
'him; and you all to advise together, and find out a
4 fit place to take up for a town, and agree with the
' natives for a tract of land ; and then let it be surveyed
4 and divided in one hundred parts ; for that is the

< method we have agreed to take, and we cannot alter
' it ; and if you set men to work to clear some of the
'ground, we would be at the charges; and we do

* intend to satisfy thee for any charge thou art at, and
' for thy pains : This we would not have neglected ; for
' we know, and you that are there know, that if the
' land be not taken up before the spring, that many
' people come over there, the natives will insist on high

* demands, and so we shall suffer by buying at dear
' rates, and our friends that cometh over, be at great
'trouble and charges until a place be bought and
' divided ; for we do not like the tract of land John
' Fenwick hath bought, so as to make it our first settle-

i ( ment ; but we would have thee and friends there, to
' provide and take up a place on some creek or river,
' that may lie nearer you, and such a place as you
' may like ; for may be it may come in your minds to
' come over to our side, when you see the hand of the
' Lord with us ; and so we can say no more, but leave
' the thing with you, believing that friends there will
( have a regard to friends settling, that it may be done

OF NEW-JERSEY. 83

4 in that way and method, that may be for the good of A. D.

« the whole • rest thy friends, 1676-

GAWEN LAURIE,
WILLIAM PENN,
NICHOLAS LUCAS,
E. BYLLINGE,
JOHN EDRIDGE,
EDMOND WARNER.

'London, the 18th of 6th month called August, 1676.

' We whose names are hereunder subscribed, do Proprie-
'give full power, commission and authority, unto ^rucdons
4 James Wasse, Richard Hartshorne and Richard Guy, to Jamea
' or any two of them, to act and do for us according Wasse and

* to the following instructions; and we do engage to ^icliar(^

' ratify and confirm whatsoever they shall do in prose- home, &c.

* cution of the same*

' 1. We desire you to get a meeting with John Fen-
' wick, and the people that went with him, (but we

* would not have you tell your business,) until you get
' them together ; then show and read the deed of parti-
1 tion with George Carteret ; also the transactions be-
1 tween William Penn, Nicholas Lucas, Gawen Lawrie,
4 John Edridge and Edrnond Warner, and then read
4 our letter to John Fen wick and the rest, and shew

* John Fenwick he hath no power to sell any land there,
1 without the consent of John Edridge and Edmond

* Warner.

' 2. Know of John Fenwick, if he will be willing
'' peaceably to let the land he hath taken up of the
' natives be divided into one hundred parts, according
'to our and his agreement in England, casting lots for
' the same, we being willing that those who being
led and have cultivated ground now with him, shall
' enjoy the same, without being turned out, although
' they fall into our lots: Always provided, that we be
' reimbursed the like value and quantity in goodness out
4 of John Fenwick'a lots : And we are also content to
' pay our ninetieth parts of what is paid to the natives
4 for the same, and for what James Wasse hath pur-

' chased

84 THE HIS TORY

A. T>. t chased of John Fenwick, and he setting out the same
' unto him, not being in a place to be allotted for a
1 town upon a river, but at a distance, and the said
' John Fenwick allowing us the like value in goodness
' in some other of his lots ; we are willing he shall
' possess the same from any claiming by or under us ;
' and for the town lots we are willing he enjoy the same
' as freely as any purchaser buying of us.

' 3. Take informations from some that knows the
' soundings of the river and creeks, and that is ac-
' quainted in the country,, and when James Wasse is in
' Maryland, he may enquire for one Augustin, who as
' we hear did found most part of Delaware river and
' the creeks : He is an able surveyor ; see to agree with
' him to go with you up the river as far as over against
' New-Castle, or further if you can, so far as a vessel
' of a hundred tun can go ; for we intend to have a way
{ cut cross the country to Sandy-Hook ; so the further
1 up the way, the shorter : and there, upon some creek or
e bay, in some healthy ground, find out a place fit to
' make a settlement for a town ; and then go to the In-
' dians, and agree with them for a tract of land about
1 the said place, of twenty or thirty miles long, more or
' less, as you see meet, and as broad as you see meet*
1 If it be to the middle, we care not ; only enquire if
' George Carteret, have not purchased some there
' already, that so you may not buy it over again.

' 4. Then lay out four or five thousand acres for a
' town ; and if Agustin will undertake to do it reason-
e ably, let him do it ; for he is the fittest man ; and if he
* think he cannot survey so much, being in the winter
' time, then let him lay out the less for a town at present,
' if it be but two thousand acres, and let him divide it in
( a hundred parts ; and when it is done, let John Fen-
( wick, if he please, be there ; however, let him have
' notice : But however, let some of you be there, to see
( the lots cast fairly by one person that is not concerned ,
' The lots are from number one to a hundred, and put
' the same numbers of the lots on the partition trees for
{ distinction.

<5. If

OF NEW-JERSEY. 85

' 5. If John Fenwick, and those concerned with him, A. D.
'be willing to join with you in those things as above, 1676>

* which is just and fair, then he or any of them, may

* go along with you in your business ;,and let them pay
' their proportion of what is paid to the natives, with
'other charges: And so he and they may dispose of
' their lots with consent of John Edridge and Edmund
'Warner; which lots are, 20, 21, 26, 27, 36, 47,
' 50, 57, 63, 72.

' 6. If John Fenwick and his people, refuse to let
' the land they have taken up of the natives be divided,
' and refuse to join with you ; you may let the country

* know in what capacity John Fenwick stands, that he
1 hath no power over the persons or estates of any man
' or woman more than any other person.

1 7. What land /ou take of the natives, let it be

* taken, viz. ninety parts for the use of William Penn,
1 Gawen Lawrie and Nicholas Lucas, and ten parts
f for John Edridge and Edmond Warner.

' 8. After you have taken the land as above, and

* divided for a town or settlement, and cast lots for the
'same as above; then if any have a mind to buy one
' or more proprieties, sell them at two hundred pound
< specie ; they taking their lots as theirs do ; paying to
'you in hand the value of fifty pounds in part of
' a propriety, and the rest on sealing their conveyance
4 in London ; and so they may presently settle. When
' any of the lots fall to us, that is to say, he that buy-
' eth a propriety may settle on any one lot of ninety
' parts ; which said persons that buys, and what lots falls
' to them, (here they may settle, and acquaint us what
'numbers they are; and if any will take land to
1 them and their heirs forever, for every acre taken up
' in a place laid out for a town, according to the con-
' cessions, they are not to have above what shall fall by
' lot to a propriety in a town.

' !>. \Vliat charges James Wasse is at, by taking
1 up the land of the natives, we do oblige to pay the
'same unto him again, with what profits is usual there
' upon English goods ; and he may pitch upon two lots,

'one

86 THE HISTORY

A. D. ( one in each town ; if they be taken up before he
1676< ( comes away, to his own proper use, for his trouble
' and pains : And we do also engage to allow and pay
' what charges any of our commissioners shall disburse
( in executing these our instructions, to them or their
' assigns.

( 10. Let us be advised by the first ship that cometh
' for England, of all proceedings hereupon, and write
'to the friends at Sandy-Hook, letting them know
' how things are, and that we have divided with George
' Carteret, and that our division is all along on Dela-
' ware river ; and that we have made concessions by our
( selves, which we hope will satisfy friends there. If
' John Fenwick, or any of the people with him, desire
' a copy of the deed of partition, let them have it.

'11. We desire that our original deed may be kept in
( your own custody, that it may be ready to shew unto
'the rest of the commissioners, which we intend to
( send over in the spring, with full power for settling
' things, and to lay out land, and dispose upon it, and
' for the settling some method of government according
' to the concessions.

'12. If you cannot get Augustin to go with you,
' or that he be unreasonable in his demands ; then send
' a man to Thomas Bushroods, at Essex lodge, in York
' river, for William Elliot, who writes to Gawin Lawrie
* this year, and offered himself to be surveyor, and tell
' him you had orders from said Lawrie to send for him,
'and take him with you. He will be willing to be
'there all winter, and will survey and do other things*
' He had a good character in Virginia, but was not
' able to keep it ; he is a fair conditioned sober man :
' Let him stay there all winter, and order him some-
' thing to live upon.

'13. If the said Elliot go with you, give him direc-
' tions what to do. If you cannot stay till a place for a
'town be surveyed, yet we think you may stay until
' you have not only pitched upon a place for a town,
' but also upon a place for a second town and settlement,
' and have marked out the place round about there, and

'let

OF NEW- JERSEY. 87

' let William Elliot divide both, which no doubt but A. D.

' he may do before the spring, that we send over more 1676<

' commissioners and people ; and if John Fenwick be

' willing to go on jointly with you there, his surveyor

' may go along and help ours, and the charges shall be

' brought in for both proportionably on all. Mind this,

' and speak to Richard Guy, or Richard Hartshorne,

' and leave orders with them to let William Elliot have

' provisions for himself till spring, and we shall order

' them satisfaction for the same ; and if there be no

1 house near the place you take up for the surveyors to

' lodge in, then let there be a cottage built for them

'on the place, and we will allow the charges.

< 14. And whereas there is tackling there already,
' for fitting of a sloop, as we judge, in the custody of
' Richard Guy : W% also give you power if you see
' meet, and that it be of necessary use and advantage
' for the whole concern, you may order these ship-car-
1 penters to build a sloop suitable for these materials,
' and appoint them some provision for their food, and
' for the rest of their wages they shall either have it in
' a part of the sloop, or be otherwise satisfied in the
' spring of the year ; the said sloop to be ordered and
( disposed upon by you until more commissioners come
' over with further instructions.

1 15. For the goods we have sent over with James
1 Wasse are to disposed upon for purchasing land from
( the natives or otherwise as need is, giving us account
' thereof.

NICHOLAS LUCAS, WILLIAM PESTN,
EDMOND WARNER. GAWIN LAWRIE,
E. BYLLINGE,

The instrument for dividing the province being
agreed on by sir George Carteret on the one part, and
the said E. Byllinge, William Penn, Gawen Lawrie,
and Nicholas Lucas on the other, they together signed
a Quintipartite deed, dated the first day of July, 1676./-

The

/. Vid. Grants, concessions, &c. published by A. Learning and
J. Spicer. p. 61, &c.

88 THE HISTORY

A. D. The line of division being thus far settled, each took

their own measures for further peopling and improving
their different shares. Sir George Carteret had greatly
the advantage respecting improvements, his part being
(as we have seen) already considerably peopled : The
western proprietors, soon published a description of
their moiety ; on which many removed thither : But
lest any should not sufficiently weigh the importance
of this undertaking, and for other reasons, the three
principal proprietors published the following cauti-
onary epistle.

Dear friends and brethren,

Epistle. ( In the pure love and precious fellowship of our

' Lord Jesus Christ, we very dearly salute you : Foras-
'rnuch as there was a paper printed several months
' since, entitled, The description of New- West- Jersey,
( in the which our names were mentioned as trustees
' for one undivided moiety of the said province : And
( because it is alledged that some, partly on this account,
' and others apprehending, that the paper by the man-
' ner, of its expression came from the body of friends,
( as a religious society of people, and not from parti-
€ culars, have through these mistakes, weakly concluded
' that the said description in matter and form might be
* writ, printed and recommended on purpose to promp
f and allure people, to dis-settle and transplant them-
( selves, as it's also by some alledged : And because
'that we are informed, that several have on that
' account, taken encouragement and resolution to trans-
plant themselves and families to the said province;
f and lest any of them (as is feared by some) should
'go out of a curious and unsettled mind, and others
' to shun the testimony of the blessed cross of Jesus,
' of which several weighty friends have a godly jealousy
( upon their spirits ; lest an .unwarrantable forwardness
' should act or hurry any beside or beyond the wisdom,
' and counsel of the lord, or the freedom of his light
( and spirit in their own hearts, and not upon good and
' weighty grounds : It truly laid hard upon us, to let

* friends

OF NEW-JERSEY. 89

' friends know how the matter stands ; which we shall A.JD.
' endeavour to do with all clearness and fidelity. 1676-

'1. That there is such a province as New- Jersey, is
'certain.

1 2. That it is reputed of those who have lived and
' have travelled in that country, to be wholesome of
' air and fruitful of soil, and capable of sea trade, is
' also certain ; and it is not right in any to despise or
' dispraise if, or disswade those that find freedom from
* the Lord, and necessity put them on going.

' 3. That the duke of York sold it to those called
1 lord Berkeley, baron of St ration, and sir George Car-
' terefc, equally to be divided between them, is also
' certain.

' 4. One moiety or h%lf part of the said province, being
' the right of the said lord Berkeley, was sold by him to
' John Fenwick, in trust for Edward Byllinge, and
' his ;issigns.

' 5. Forasmuch as E. B. (after William Penn had
' ended the difference between the said Edward Byl-
' linge and John Fenwick) was willing to present his
1 interest in the said province to his creditors, as all that
' he had 4eft him, towards their satisfaction, he desired
' William Penn (though every way unconcerned) and
4 Gawen Lawrie, and Nicholas Lucas, two of his
' creditors, to be trustees for performance of the same ;
' and because several of his creditors, particularly and
' very inij)ortunately, pressed William Penn to accept
' of the trust for their sakes and security ; we did all of
' n- comply with those and the like requests, and accepted
' of the trust.

' 6. Upon this we became trustees for one moiety of
'the said province, yet undivided: And after no little
' labour, trouble and cost, a division was obtained
' hetw.vn the said sir ( Jcor^e ( arteret and us, as tru-
'stees: The country is situated and bounded as is
' expressed in the printed description.

' 7. This now divided moiety is to be cast into one
'hundred parts, lots, or proprieties; ten of which
'upon the au-nvinent made betwixt E. Byllinge and J.

' Fenwick,

90 THE HISTORY

A. D. * Fen wick, were settled and conveyed unto J. Fenwicky
1676. < j^g executors and assigns, with a considerable sum of
' money, by way of satisfaction for what he became
' concerned in the purchase from the said lord Berkely,
'and by him afterwards conveyed to John Edridge
' and Edmond Warner, their heirs and assigns.

' 8. The ninety parts remaining are exposed to sale,
' on the behalf of the creditors of the said E. B. And
' forasmuch as several friends are concerned as creditors,
' as well as others, and the disposal of so great a part
' of this country being in our hands ; we did in real
' tenderness and regard to friends, and especially to the
'poor and necessitous, make friends the first offer;
* that if any of them, though particularly those that
'being low in the world, and under trials about a
'comfortable livelihood for themselves and families,.
' should be desirous of dealing for any part or parcel
' thereof, that they might have the refusal.

' 9. This was the real and honest intent of our hearts,
' and not to prompt or allure any out of their places,
' either by the credit our names might have with our
' people throughout the nation, or by representing the
' thing otherwise than it is in itself.

'•As for the printed paper sometime since set forth by
'the creditors, as a description of that province; we
' say as to two passages in it, they are not so clearly and
' safely worded as ought to have been ; particularly, in
' seeming to limit the winter season to so short a time ;
' when on further information, we hear it is sometime
' longer and sometime shorter than therein expressed ;
' and the last clause relating to liberty of conscience,
' we would not have any to think, that it is promised or
'intended to maintain the liberty of the exercise of
' religion by force and arms ; though we shall never
' consent to any the least violence on conscience ; yet it
'was never designed to encourage any to expect by
'force of arms to have liberty of conscience fenced
' against invaders thereof.

'10.

OF NEW-JERSEY. 91

i 10. And be it known unto you all, in the name and A. D.
' fear of Almighty God, his glory and honour, power 1676'
' and wisdom, truth and kingdom, is dearer to us than
' all visible things ; and as our eye has been single, and
' our heart sincere to the living God, in this as in other
' things ; so we desire all whom it may concern, that
1 all groundless jealousies may be judged down and
' watched against, and that all extremes may be avoided
' on all hands by the power of the Lord ; that nothing
' which hurts or grieves the holy life of truth in any that
' goes or stays,x may be adhered to ; nor any provo-
' cations given to break precious unity.

' This am I, William Penn, moved of the Lord,
'to write unto you, lest any bring a temptation
( upon themselves or others ; and in offending the
( Lord, slay their own peace : Blessed are they that can
' see, and behold him tlieir leader, their orderer, their
1 conductor and preserver, in staying or going : Whose is
' the earth and the fullness thereof, and the cattle upon a
' thousand hills. And as we formerly writ, we cannot
' but repeat our request unto you, that in whomsoever
' a desire is to be concerned in this intended plantation,
' such would weigh the thing before the Lord, and not
' headily or rashly conclude on any such remove ; and
' that they do not offer violence to the tender love of
' their near kindred and relations ; but soberly and con-
' scientiously endeavour to obtain their good wills, the
'unity of friends where they live; tfiat whether they go
' or stay, it may be of good favour before the Lord (and
'good people) from whom only can all heavenly and
' earthly blessings come. This we thought good to write
'for the preventing of all misunderstandings, and to
' declare the real truth of the matter ; and so we com-
' mend you all to the Lord, who is the watchman of
' his Israel. We are your friends and brethren.

WILLIAM PENN,

GAWEN LAWRIE,

NICHOLAS LUCAS.

CHAP.

92

THE HISTOKY

A. D.
1677.

West-
Jersey
commis-
sioners.

CHAP. VI.

Arrival of more settlers to West- Jersey ; their difficulties;
tfieir purchases from the Indians ; they lay out a town ;
some of their first sentiments of the country, and
an account of the duke of York's two last grants,
being for the provinces East and West New-Jersey ?
separately.

AMONG other purchasers of the West- Jersey
lands, were two companies, one made up of
some friends in Yorkshire,^ (as hinted in the conces-
sions) the other of some friends in London ; who each
contracted for considerable shares, for which they had
patents. In 1677, commissioners (agreeable to expec-
tation given) were sent by the proprietors, with power
to buy the lands of the natives ; to inspect the rights of
such as claimed property, and to order the lands laid
out ; and in general to administer the government, pur-
suant to the concessions: These commissioners were
Thomas Olive, Daniel Wills, John Kinsey, John
Penford, Joseph Helmsley, Robert Stacy, Benjamin

Scott,

g. Thomas Hutchinson, of Beverley in the county of York, yeo-
man ; Thomas Pierson, of Bonwicke in the said county, yeoman ;
Joseph Helmsly, of Great Kelke in the said county, yeoman ; George
Hutchinson, of Sheffield in the said county, dis'tifler, and Mali Ion
Stacy of Hansworth in the said county, tanner, were ail principal
creditors to E. Byllinge, to whom several of the other creditors made
assignments of their debts, which together amounted to the sum of
£. 2450, sterling, and who took in satisfaction of the said sum seven
full equal and undivided ninetieth parts of ninety equal and undi-
vided hundred parts of West- Jersey ; and the same was conveyed to
them, their heirs and assigns, by William Penn, Gawen Liwrie,
Nich. Lucas and Ed. Byllinge, by deed bearing date the first of the
month called March, 1676: And by another conveyance of the same
date, from and to the same persons, in satisfaction for other debts
to the amount of £. 1050, sterling, three other full equal and undi-
vided ninetieth parts of the aforesaid ninety equal and undivided
hundred parts of West-Jersey were also conveyed.

OF NEW -JERSEY. 93

Scott, Richard Guy and Thomas FoulkeA They A. D.
came in the Kent, Gregory Marlow, master, being the
second ship from London, to the western parts : After
a. tedious passage they arrived at New-Castle, the 16th
of the 6th month, O. S. King Charles the second, in his
barge, pleasuring on the Thames, came along side, seeing
a great many passengers, and informed whence they were
bound, asked if they were all quakers, and gave them his
blessing. They landed their passengers, two hundred
and thirty in number, about Rackoon creek, where the
Swedes had some scattering habitations ; but they were
too numerous to be all provided for in houses ; some
were^obliged to lay their beds and furniture in cow stalls,
and appartments of &at sort; among other incon-
veniences to which this exposed them, the snakes were
now plenty enough to be frequently seen upon the
hovels under which they sheltered : Most of the passen-
gers in this ship were of those called quakers; some
of good estates in England. The commissioners had
before left them, and were by this time got to a place
called Chygoes1'- Island, (afterwards Burlington) their
business being to treat with the Indians about the land
there, and to regulate the settlements, having not only
the proprietors but governor Andros's commission
for that purpose; for in their passage hither, they had
first dropped anchor at Sandy-Hook, while the com-
missioners went to New- York to acquaint him with
their design ; for tho' they had concluded the powers
they had from the proprietors, were sufficient to their
purpose ; they thought it a proper respect to the duke
of York's commission, to wait on his governor upon
the occasion; he treated them civily, but asked them

if

h. Richard Guy came in the first ship: John Kinsey, died at
Shackamaxon soon after hif landing*: his remains were interr'd at
Burlington, in ground appropriated for a burying ground, but
now a street.

i. From Cfiygoe, an Indian sachem,, who lived there.

94 T H E H I S T O R Y

A. T). if they had anything from the duke, his master ? they
replied, nothing particularly; but that he had con-
veyed that part of his country to lord Berkeley, and he
to By Hinge, <fec. in which the government was as
much conveyed, as the soil : The governor replied,
all that will not clear me ; if I should surrender without
the duke's order, it is as much as my head is worth ;
but if you had but a line or two from the duke, I should
be as ready to surrender it to you, as you would be to ask
it. Upon which the commissioners, instead of excusing
their imprudence in not bringing such an order, began
to insist upon their right, and strenuously to assert their
independency : But Andros clapping his hand on his
sword, told them, that should defend the government
from them, till he received orders from the duke, his
master, to surrender it ; he however softened, and told
them, he would do what was in his power, to make
them easy, till they could send home to get redress;
and in order thereto, would commissionate the same
persons mentioned in the commission they produced, k.
This they accepted, and undertook to act as magistrates
under him, till further orders came from England, and
proceed in relation to their land affairs, according to
the methods prescribed by the proprietors.

When arrived at their government, they applied to
the Swedes for interpreters between them and the
Indian Indians: Israel Helmes, Peter Rambo, and Lacy
Cock, were recommended : By their help they made
a purchase from Timber Creek to Rankokas Creek,
another from Oldman's Creek to Timber Creek : After
this they got Henric Jacobson Falconbre, to be their
interpreter, and purchased from Rankokas Creek to

Assunpinck :

k. John Fenwick having neglected this precaution, as to the
government of his tenth, was sent for a prisoner to New- York.

OP NEW- JE11SEY. 95

Assunpink :*• But when they had agreed upon this last A.JD.
purchase, they had not Indian goods sufficient to pay

the

L The deed for the lands between Rankokas creek and Timber
creek bears date the 10th of September, 1677; that tor the lands
from Oldman's creek to Timber creek the 27th of September,
1677, and that from Rankokus creek to Assunpink the \0th of
October, 1677: By the consideration paid for the lands between
Old mans and Timber creek, a judgment may be formed of the rest.
It consisted of 30 matchcoats, 20 guns, 30 kettles and one great
one, 30 pair of hose, 20 fathom of duffelds, 30 petticoats, 30
narrow hoes, 30 bars of lead, 15 small barrels of powder, 70
knives, 30 indian axes, 70 combs, 60 pair of tobacco tongs, 60
scissars, 60 tinshaw looking-glasses, 120 awl-blades, 120 fishhooks,
"2 grasps of red paint, 120 needles, 60 tobacco boxes, 120 pipes,
200 bells, 100 Jew^-harps, 6 anchors of rum. In the year 1703,
another purchase was made by the council of proprietors of West-
Jersey, of land lying abofe the falls of Delaware; another also
about that time of lands at the head of Rankokas river, and several
purchases afterwards included the whole of the lands worth taking
up in West-Jersey, except a few plantations reserved to the Indians ;
one of these in particular ought to be noted in this place, to the
honour of John Wills, sometime one of the council, by whose advice
the indian sachem, called king Charles, laid an English right on a
large plantation at Weekpink, containing a valuable tract of laud,
in the county of Burlington, which is so contrived as to remain
unalienable from his posterity, who now enjoy the benefit of it.

The following are entries from the records of the council of pro-
prietors relating to the purchases above.

'At a meeting of the council of proprietors at Burlington, the
'second day of November, anno 1703. PHESENT: George Deacon,
'president, Samuel Jennings, Thomas Gardner, Christopher We-
'therill, John Reading. ORDERED, That John Wills, William
'Biddle, jun. and John Reading, or any two of them, do go up
'to the Indians above the Falls, and particularly to Caponockous,
'in order to have the tract of land lately purchased of the Indians
' marked forth, and get them to sign a deed for the same ; as also to
'receive the residue of the goods as yet unpaid, or so many of
'them that can be had, and to give him an obligation for the pay-
' inent of the remaining part next spring. Ordered likewise, That
'the persons abovesaid, do go to Nimharnmoe's wig-warn, in order
'to treat with him, to see the bounds of the land lately purchased
'of him, to mark the same if it may be, and to pay him what part
'of the goods is already procured in part towards the said purchase;
'and to do what else may be necessary towards perfecting purchases
'of the concerns with the said Indians, and compleating of the
'aforesaid ; the said persons also taking with them Thomas Foulke,
'Andrew Heath, or some other proper person, to be an interpreter
'between them and the Indians. 'At

96 THE HISTORY

A. D. the consideration, yet gave them what they had, to
get the deed signed ; they were however obliged to

agree

'At a meeting of the council of proprietors at Burlington, on the
'27th day of June, anno dom. 1703. PRESKNT: Mahlon Stacy,
'Thomas Gardner, John Wills, George Deacon, Christopher
'Wetherill, Samuel Jennings and John Reading. The persona
'appointed to treat with the Indians, at the Falls, do make report,
'that they accordingly met with the Indians, and made a full agree-
'ment with them, that is to say, with Himhammoe, for one tract of
'land, adjoining to the division line, and lying on both sides of
' Rariton River, for the goods mentioned in a certain list for that
'purpose made; and also with Coponnockou, for another tract of
'land, lying between the purchase made by Adlord Boude, and the
'bounds of the land belonging to Nimhammoe, fronting upon
'Delaware river, for the goods mentioned in a particular list made
'to that end. Ordered, That publick notice be given to the pro-
'prietors within this province, that they meet together at Burling-
'ton, on the 19th day of July next, in order to inform them, that a
'purchase is made, upon what terms, and also that all such may
'deposit their proportions of the charge, that expect to receive
'benefit thereby ; which paper of publication is in these word*.

' By the council of proprietors sitting in Burlington, the 28th,
' day of June, anno dom. 1703. Whereas many of the proprietors
'of this province have at sundry times addressed the council of.pro-
'prietors, that they might be allowed a third dividend or taking up
'of land, proportionable to their particular and respective rights in,
'the said province: Now this may certify, that the said council hav-
' ing taken into their consideration the request of the said proprietors,
'and in order to answer the same, have lately made an Indian pur-
' chase of lands situate above the falls of Delaware; and therefore
'all proprietors who are concerned therein, or expect to receive
'benefit thereby, are hereby required to meet with the said council
'at Burlington, on the nineteenth day of July next, that they may
'be more particularly informed concerning the said purchase, and
' upon what terms and conditions it is made, and also to deposite their
'respective proportions of the said purchase, and all other charge
' accruing thereby. Given under my hand per order, and on the
' behalf of the said council, the day and year above said.

' Upon the application of Mahamickwnn, alias king Charles, an In-
'dian sachem, unto the council of proprietors, concerning the bounds
'of two Indian purchases, formerly made from Rankokas creek to
'Timber creek, and from Rankokas to Assunpink, in which deeds is
'mentioned the bounds to be from the uppermost head of Rankokas
'to the uppermost head of Timber creek, and by a right line
'extending from the uppermost head of Kankokas to the line of
'partition of sir George Carteret, right against the uppermost head
'of Assunpink ; which bounds were inserted through misunderstand-
' ing between the interpreters and the English, and in truth ought

'to-

OF NEW-JERSEY. 9T

agree with the Indians not to settle till the remainder A. D.
was paid : Having travelled through the country and

viewed

'to be according to a line that was afterwards actually run by
'agreement, made between the EngHsh and the Indians, and which
'comes lower upon the creek than the uppermost heads thereof;
'which said line the said king Charles desires may be allowed,
' entered and recorded, as the true and right bounds of said purchase
'and that the abovementioned bounds may be vacated and held
'utterly void for the future, to which the council assents: informing
'the sachem, that they always did and now do acknowledge and
'own the last mentioned line to be the true limits of those purchases,
' and order the same as actually run and marked by the English and
'Indians, to be approved and held only for the true line of the
'abovementioned purchases; and that the first mentioned and
'mistaken bounds be accounted null and void; and also that a
' record be accordingly made thereof.

'At a meeting of the touncil of proprietors, the 19th of July,
'1703. PKESENT: Samuel Jenings, Thomas Gardner, George
' Deacon, Christopher Wetherill, John Hugg, Isaac Sharp, and
'John Beading; the president absent. Memorandum, to inform
'the proprietors, First, that the council have made two Indian
'purchases, amounting to, according to our best computation, the
'number of 150,000 acres at ihe least, the cost whereof to the
'Indians, with other incidental charges, will amount to about the
'sum of <£. 700. Secondly, That it is the design of the said council,
' to give publick notice to the proprietors in England and elsewhere,
'what purchase is already made, of the opportunity of purchasing
'more land, that may be sufficient to allow the number of 5000
' acres for each dividend to a propriety, and of the cost thereof,
' which by as near an estimation as we can make, will be about 24 1.
'propriety for each dividend; and that if the said proprietors will
' appoint their agents, and defray their proportionable part of the
'charges, on or before the 20th day of July, anno dom. 1704, that
' then they shall receive their respective rights, after the same method
'that the rest of the proprietors do, at any time after the 18th of
'October 8, 1704. Thirdly: But if the said absent proprietors
'shall neglect or refuse to pay their parts of the said charge, then
'that the said Indian purchase already made, shall be taken up by
'such proprietary residents in these parts, that shall deposite their
' respective parts of the said purchase; which at 5000 for the divi-
'dend to a propriety, will amount to about 30 proprieties, which
'we judge will nearly answer all the proprietors who are or have
'agents in these parts. Fourthly: It is expected, that all such pro-
' prietors who design to be interested for the Indian purchase, do in
'some short time, advance their particular parts of the said costs, in
' order to pay the Indians off according to agreement made with
' them.' Jeremiah

a

98 THE HISTORY

A. D. viewed the land, the Yorkshire commissioners, Joseph
Helmsley, William Emley and Robert Stacy, on
behalf of the first purchasers, chose from the falls of
Delaware down, whicli was hence called the first tenth ;
the London commissioners, John Penford, Thomas
Olive, Daniel Wills, and' Benjamin Scott, on behalf
of the ten London proprietors, chose at Arwaumus,
(in and about where the town of Gloucester now is) this
was called the second tenth : To begin a settlement there,
Olive sent up servants to cut hay for cattle he had
bought: When the Yorkshire commissioners found
the others were like to settle at such a distance, they
told them, if they would agree to fix by them, they
Burlington would join in settling a town,'"-- and that they should
have the largest share, in consideration that they (the
Yorkshire commissioners) had the best land in the
woods: Being few, and the Indians numerous, they
agreed to it. The commissioners employed Noble,
a surveyor, who came in the first ship, to divide the
spot. After the main street was ascertained, he
divided the land on each side into lots ; the eastern-
most among the Yorkshire proprietors, the other
among the Londoners : To begin a settlement, ten lots
of nine acres each, bounding on the west, were laid out ;
that done, some passengers from Wickaco, chiefly
those concerned in the Yorkshire tenth, arrived the
latter end of October. The London commissioners
also employed Noble, to divide the part of the island
yet unsurveyed, between the ten London proprietors,

in

Jeremiah Bass, attorney to the West-Jersey Society, made a purchase
on their behalf, in 1693, of the lands between Cohansick creek and
Morris's river. [Vid. Revell's book, secretary's office, Burl. p. 325.]
Many other Indian purchases were before and afterwards, from time
to time occasionally made, as the lands were wanted, in both East and
West Jersey; they are too numerous to be all particularized; and one
hereafter mentioned, compleated the whole that was left.

m. In pursuance of the charter brought with them from England.

OF NEW-JERSEY. 99

in the manner beforementioned : The town thus by A. D.

1 A*77

mutual consent laid out, the commissioners gave it the
name first of New-Beverley, then Bridlington, but and named,
soon changed it to Burlington. Some of the masters
of families that came in the ship last mentioned, and
settled in that neighbourhood, were Thomas Olive,
Daniel Wills, William Peachy, William Clayton,
John Crips, Thomas Eves, Thomas Harding, Tho-
mas Nositer, Thomas Fairnsworth, Morgan Drewet,
Williapi Pennton, Henry Jenings, William Hibes,
Samuel Lovett, John Woolston, William Wood-
ma ncy, Christopher Saunders, and Robert Powell:
John Wilkinson and William Perkins, were likewise
with their families passengers, but dying on the voyage,
the latter were exposed to additional hardships, which
were however moderated by the care of their fellow
passengers : Perkins was early in life convinced of the W.Perkins.
principles of those called Quakers, and lived well in
1 Leicestershire ; but seeing an account of the country wrote
by Richard Hartshorne, and forming views of advan-
tage to his family, tho' in his 52d year, he, with his wife,
four children and some servants, embarked in this ship:
Among the latter was one Marshall, a carpenter, par-
ticularly serviceable in fitting up habitations for the
new comers; but it being late in the fall when they
arrived, the winter was much spent before the work
was begun ; in the interim they lived in wigwams,
built after the manner of the Indians. Indian corn
and venison, supplied by the Indians, was their chief
food : These people were not then much corrupted
with strong liquors, but generally very friendly and
helpful to the English; notwithstanding it was thought
endeavours had been used to make them otherwise, by
insinuations that the English sold them the small-pox

in

100 THE HISTORY

A. D. in their matchcoats.™. This distemper was among them,
and a company getting together to consult about it, one

of

n. Thomas Budd, who own'd a share of propriety in West- Jersey,
and ancestor to a large family there, who arrived at Burlington in
1768, in a pamphlet describing the country, about nine or ten years
afterwards, says, ' The Indians told us, in a conference at Burlington,
'shortly after we came into the country, they were advised to make
' war on us, and cut us off' while we were but few; for that we sold
'them the small pox, with the matchcoatthey had bought of us; which
'caused our people to be in fears and jealousies concerning them;
'therefore we sent for the Indian kings to speak with them, who with
' many more Indians came to Burlington, where we had a conference
' with them about the matter ; we told them we came amongst them by
'their own consent, and had bought the land of them, for which we
'had honestly paid them; and for what commodities we had bought
'at any time of them, we had paid them for, and had been just to
'them, and had been, from the time of our first coining, very
'kind and respectful to them; therefore we know no reason that
'they had to make war on us; to which one of them, in behalf of
'the rest, made this following speech in answer. "Our young
"men may speak such words as we do not like nor approve of, and
"we cannot help that; and some of your young men may speak
"such words as you do not like, and you cannot help that: We
"are your brothers, and intend to live like brothers with you; we
"have no mind to have war; for when we have war, we are only
"skin and bones, the meat that we eat doth not do us good; we
"always are in lear, we have not the benefit of the sun to shine
"on us, we hide us in holes and corners; we are minded to live at
" peace. If we intend at any time to make war upon you, we will let
"you know of it, and the reasons why we make war with you ; and
"if you make us satisfaction for the injury done us, for which the
" war was intended, then we will not make war on you ; and if you
"intend at any time to make war on us, we would have you let us
" know of it, and the reason ; and then if we do not make satis-
faction for the injury done unto you, then you may make war on
"us, otherwise you ought not to do it; you are our brothers, and
"we are willing to live like brothers with you; we are willing to
"have a broad path for you and us to walk in, and if Jin Indian is
"asleep in this path, the Englishman shall pass by, nnd do him no
"harm; and if an Englishman is asleep in this path, the Indian
"shall pa^s him by, and say, He is an Engli-fthman, he is asleep; let
"him alone, he loves to sleep. It shall be a plain path; there must
"not be in this path a stump to hurt our feet. And as to the small
"pox, it was once in my grandfathers time, and it could not be the
"English that could send it to us then, there being no English in
"the country: And it was once in my father's time, they could not
"send it us then neither ; and now it is in my time, I do not believe

" that

OF NEW-JERSEY. 101

rof their chiefs said, — 'In my grandfather's time the A. D.
* small-pox came: In my father's time the small-pox

'came

"that they have sent it us now; I do believe it is the man above
"that hath sent it us."

'Some are apt to ask, how we can propose safely to live amongst
'such a heathen people, as the Indians, whose principles and prac-
'tiees leads them to war and bloodshed, and ours on the contrary,
'to love enemies? / answer: That we settled by the Indians con-
'sent and irood liking, and bought the land of them that we settle
'on; which they conveyed to us by deeds, under their hands
'and seals, and also submitted to several articles of agreement with
' us, viz. not to do us any injury: But if it should so happen, that
'any of their people at any time should injure or do harm lo any
'of us, then thev to make us satisfaction for the injury done;
'therefore if they break these covenants ?nd agreements, then in .

'consequence of them, tjjey may be proceeded against as other
'offenders, viz. to be kept in subjection to the magistrate's power, .
'in whose hand the sword of justice is committed, to be used by
'him for the punishment of evil doers, and praise of them that do
'well ; therefore I do believe it to be both lawful and expedient to
'bring offenders to justice, by the power of the magistrate's sword;
'which is not to be used in vain, but may be used against such as
'raise rebellions and insurrections against the government of the
'country, be they Christians or Indians (now that these have so far
'agreed to abide by the laws of civil government) otherwise it is in
'vain for us to pretend to magistracy or government ; it being that
' which we own to be lawful both in principle and practice. — The
'Indians have been very serviceable to us by selling us venison, Indian
'corn, pease and beans, fish and fowl, buck-skins, beaver, otter,
'and other skins and furrs ; the men hunt, fish and fowl, and
'the women plant the corn and carry burthens: There are many
'of them of a good understanding, considering their education,
'and in their publick meetings of business, they have excellent
'order, one speaking after another; and while one is speaking, all
'the rest keep silent, and do not so much as whisper one to the other:
' we had several meetings with them ; one was in order to put down
'the sale of rum, brandy, and other strong liquors, to them, they
'being a people that have not government of themselves so as to
'drink in moderation; At which time there were eight kings [One
'oftlit'ui writ Ohnnirknn, a noted friend to the English; of whom
' limn' iii tin'. \'\\\tli chapter.] and many other Indians The kings sat
'on a form, and we on another over against them; they had pre-
' pared four belts of wampum, (so their current money is called, being
'{•lack and white beads made of a fish-shell) to give us as seals of the
'covenant they made with us; one of the kings, by the consent and
'appointment of the rest, stood up and made this following speech.
" The strong liquor was first sold to ns by the Dutch ; and they

102 THE HISTORY

A. D. ( came ; and now in my time the small-pox is come/
Then stretching his hands towards the skies, said, ' it
' came from thence/ To this the rest assented.

Having traced this ship's company into winter
quarters, the next in course is the Willing Mind, John
Newcomb commander; she arrived from London, in
November, and dropt anchor at Elsingburgh ; brought
about sixty or seventy passengers: Some settled at
Salem, others at Burlington ; among the former
were James Nevill, Henry Salter, and George Deacon,,
with their families. In this year also arrived the Flie-
Boat Martha, of Burlington, (Yorkshire) sailed from
Hull the latter end of summer, with one hundred
•and fourteen passengers, designed to settle the York-
shire tenth : Some masters of families in this ship,,
were Thomas Wright, William Goforth, John
Lynam, Edward Season, William. Black, Richard
Dungworth, George Miles, William Wood, Thomas
Schooley, Richard Harrison, Thomas Hooten, Samuel

Taylor

" were blind, they had no eyes, the,y did not see that it was for our
"hurt: The next people that came among us were the Swedes,
"who continued the sale of those strong liquors to us; they were
"also blind, they had no eyes, they did not see it to be hurtful to us
"to drink it, although we know it to be hurtful to us; but if people
"will sell it to us, we are so in love with it that we cannot forbear
"it: when we drink it, it makes us mad, we do not know what we
"do, we then abuse one another, we throw each other into the fire.
"Seven score of our people have been killed by reason of ihe
"drinking it, since the time it was first sold us: Those people that
"sell it are blind, they have no eyes; but now there is a people
"come to live amongst us, that have eyes, they see it to be for our
"hurt, and we know it to be for our hurt : They are willing to deny
"themselves the profit of it for our good : These people have eyes;
"we are glad such a people are come amongst us; we must put it
•"down by mutual consent; the cask must be sealed up; it must be
"made fast, it must not leak by day nor by night, in the light nor in
"the dark; and we give you these four belts of wampum, which
"we would have you lay up safe, and keep by you, to be witnesses
"of this agreement that we make with you; an-i we would have
"you tell your children, that these four belts of wampum are given1
"you to be witnesses betwixt us and you of this agreement."

OF NEW- JERSEY. 103

Taylor, Marmaduke Horsman, William Oxley, A. D.
William Ley, and Nathaniel Luke; the families of
Robert Stacy and Samuel Odas ; and Thomas Ellis and
John Batts, servants,0- sent by George Hutch in son,
also came in this ship. Twenty of the passengers,
perhaps more, were living 45 years afterwards.

In one of these ships, or about this time however. J°nn

-FT-' • 8ey> three

arrived John Kinsey, then a young man ; his father one Of that

of the commissioners aforementioned, dying on his name<
arrival, the care of his family fell to him ; he was
afterwards a man of distinguished services,' in several
public stations ; and his son after him, of the same
name, the late chief Justice of Pennsylvania, must be
long remembered by many in both provinces.

Having landed so many of the settlers, it may not
be disagreable to know some of their first sentiments
of the country. John Crips in a letter to Henry Stacy,
gives the following account of it.

'From Burlington, in Delaware river,
' the 26th of the 8th mouth, 1677.

' Dear Friend,

1 Through the mercy of God, we are safely arrived John
' at Xew-Jersey ; my wife and all mine are very well,
' and we have our healths rather better here than we
' had in England ; indeed the country is so good, that
1 1 do not see how it can reasonably be found fault with :
' As far as I perceive, all the things we heard of it in
' England, are very true ; and I wish that many
' people (that are in straits) in England, were here.

o. Many that carae servants, succeeded better than some that
brought estates; the first inured to industry, and the ways of the
country, became wealthy, while the others obliged to spend what
they had in the difficulties of first improvements; and others living
too much on their original stock, for want of sufficient care to im-
prove their estates, have, in many instances, dwindled to indigency
and want.

104 THEHISTORY

A. D. * Here is good land enough lies void, would serve
' many thousands of families ; and we think if they
' cannot live here, they can hardly live in any place in
' the world ; but we do not desire to persuade any to
'come, but such as are well satisfied in their own
1 minds. A town lot is laid out for us in Burlington,
' which is a convenient place for trade ; it is about one
' hundred and fifty miles up the river Delaware ; the
( country and air seems to be very agreable to our bodies,
' and we have very good stomachs to our victuals :
' Here is plenty of provision in the country ; plenty
' of fish and fowl, and good venison very plentiful,
'and much better than ours in England; for it eats
' not so dry, but is full of gravy, like fat young
' beef. You that come after us need not fear the
' trouble that we have had, for now here is land ready
' divided against you come : The Indians are very
( loving to us, except here and there one, when they
' have gotten strong liquors in their heads, which they
' now greatly love : But for the country, in short, I
' like it very well ; and I do believe, that this river of
'Delaware is as good a river as most in the world:
' It exceeds the river of Thames by many degrees.

' Here is a town laid out for twenty properties, and
' a straight line drawn from the river side up the land,
' which is to be the main street, and a market place
'about the middle. The Yorkshire ten proprietors
' are to build on one side, and the London ton the other
' side ; and they have ordered one street to be made
'along the river side, which is not divided with the
'rest, but in small lots by itself; and every one that
' hath any part in a propriety, is to have his share in
' it. The town lots for every propriety will be about
' ten or eleven acres, which is only for a house,
' orchard and gardens ; and the corn and pasture
' ground is to be laid out in great quantities.

' I am thy loving friend,

JOHN CRIPS.

Thomas

OF NEW-JERSEY. 105

Thomas Hooten to his wife, dated 29th 8th month, A. D.
1677. 1677-

' My dear*

' I am tliis present at the town called Burlington,
' where our land is ; it is ordered to be a town for the
' ten Yorkshire and ten London proprietors. I like
' the place well ; our lot is the second next the
' water side : It's like to be a healthful place, and
' very pleasant to live in. I came hither yesterday,
* being the 28th of October, with some friends that
' were going to New- York. I am to be at Thomas
'Olive's house, till 1 can provide better for myself: I
1 intend to build a house, and get some corn into the
'ground: And I know not how to write concerning
'thy coming, or not coming hither; the place I like
'very well, and I believe that we may live here very
' well : But if it be not made free, I mean as to the
'customs and government, P- then it will not be so
' well, and may hinder many that have desires to
' come : But if those two things be cleared, thou may
'take thy opportunity of coming this summer.

THOMAS HOOTON.

William Clark to the proprietors.

New-Jersey, 20th
' Dear Friends, . 2d month, 1678. 1678.

' I doubt not but it will be great satisfaction to you,
' to hear of mine and the rest of friends passage to,
' and safe arrival in New- Jersey : We took ship the
' sixteenth of November, and made the land of New-
' Jersey in thirty-four days. Now friends, as to this
' country, there has been much said by several persons
' in commendation thereof, both as to the increase of
' all sorts of grain and fruits ; as also of the plenty
' of fish, fowl, deer, swine, &c. that I shall not need
' to add any thing to it ; but in short, this I have to

'say

p. The customs were tho*e imposed at New-Castle, upon all
oomi-rs of which we shall presently see a more particular account)
Ihe government was y»-t administered by virtue of governor Andros's
commission, both which were unexpected and disagreable: but these
objections were soon removed.

106 THE HISTORY

A. D. * say, that I do not know any one thing to fall short
1678. t Qf what was reported of this province, but that more
' might truly have been said of its pleasant situation,
( wholesome air, and general and great increase of all
' things planted, and especially of Indian corn, which is
' a very good and serviceable grain many ways ; the
' English wheat and barley primely good ; but rie and
' pease much better than any I ever saw in England or
i Ireland. I doubt not but you have had an account
' of all other matters before this (by those who came
' to Jersey* before me) comes to your hands : And I
( have no other end in this, than keeping you from the
'rash censures of people that know it not; as also for

* the good and prosperity of this good county, &c.

Directed for William Penn, \ wTr *• r<T t

Gavven Lawrie, or Edward Byllinge. j ILKCAM ^LARK.

John Crips to his brother and sister.

Burlington, in New-Jersey, upon the river Delaware,
the 19th of 4th month, called June, 1678.

1 Dear and loving brother and sister.
' I have received both your letters, wherein I under-
' stand your faith concerning this country, is much
( shaken, thro7 several false reports given thereof; which
f may be proved false under the hands of several good
' friends ; I hope as worthy to be believed as that
' reporter; and such as have had more experience of
' this place than he had, or could have, in so short a
' time ; besides he came among us shortly after our
' coming hither, when things were not settled in that
'order amongst us, as now they are; neither indeed
' did he find such entertainment from some, as he ex-
'pected; which I suppose makes him speak the worst
' he can devise of this place : But I question not but
' this report will in a short time be wiped away, some
' of which in my knowledge, is grossly untrue, as
' well as contradictions to his own words ; for I re-
' member when I travelled with him through part of
' New-Jersey, he confessed that much of this land was
' as good or better than the land in Rhode-Island :

* And it's really my judgment, that those people that

6 cannot

OF NEW-JERSEY. 107

' cannot be contented with such a country, and such land A. D.
' as this is. they are not worthy to come here : And 1678>

* this I can truly tell you, if I were now in Engfand
' with you (and which I should be very glad to see)
' yet if all I had in the world would but bring me
' hither, I would freely leave you and my native
' country, and come to New- Jersey again ; which I
' have said many a time heretofore, but now write it
' under my hand, and it's really the truth, whether
' you will believe it or not; and farther, I can truly tell
' you, that I desire not, nor dare to write the least

* untruth, to draw you, nor any others to this place :
' But I am resolved, if I never see your faces more, to
' leave you to your own freedom. But I hope you
'are not insensible of my love and desires for you;
' tho' I am, I say, Unstrained to forbear persuading

* you, or any one else against their own freedoms ; yet
' I think it my duty to let you, and all men know
' the truth of things as near as I can. Your letter
' saith, " it's reported the water is not so good as in
" England." I do not remember that ever I tasted
' better water in any part of England, than the springs
' of this place do yield ; of which is made very good
' beer and ale ; and here is also wine and cyder. And
' whereas your letter to me saith, " several have come
" back from this country to England." Two or three

* I suppose : there are lazy idle persons that have done
' so ; but on the other hand, here are several persons,.
' men of estates, that have been here, and have gone
' back to England, and sold their estates and returned
' with their whole families, hither again ; which
' methinks should take many of these scruples out of
1 the way, if nothing else were said or done in praise of
'tli is country: But I suppose there are many in
' England, that desire to hear ill of this place, because
'they would keep their friends there with them; and
'they think we never write enough of the bad pro-
' perties of the country, and vermin in it. Now this
' I may say, in short, that here are bears, wolves, foxes,
' rattle snakes, and several other creatures, (I do believe
' because I see the Indians have such skins to sell) but

108 THEHISTOEY

A.JD. < I have travelled several hundreds of miles, to and
( fro, and I never to my knowledge, saw one of those
' creatures, except two rattle snakes, and I killed them
' both : I suppose the fear of those creatures in
' England, is far worse to some there, than the hurt of
6 them is here ; and as for the musketto fly, we are not
'troubled with them in this place; our land for the
' most part, lying high and healthy, and they for the
' most part, are in a low boggy ground. Thomas
' Budd and his family are arrived ; the ship lyeth
' before this town, that brought them : I wish you
'have not cause to repent that you came not along
' with them ; they had a very good passage, and so had
' the London ship ; they are both in the river at this

* time. I understand by Thomas Budd, that he did
( satisfy you as near as he could, of the truth of things

* here ; and you had as much reason to believe him, as
'that other person, and more too; for Thomas had
' far more experience of this place, than he could have
' in the short time he was among us ; so of these things
' I shall forbear to write any further at present.

JOHN CRIPS.

' To the truth of the contents of these things, we
'subscribe our names; Daniel Wills, Thomas Olive,
' Thomas Harding, Thomas Budd, AVilliam Peachy.

In the 10th month O. S. 1678, arrived the Shield,
The ship from Hull, Daniel Towes commander, one of the
ships mentioned in the above letter, and dropped
anchor before Burlington, being the first ship that came
so far up Delaware : Against Coaquanock?- being a bold
shore, she went so near in turning, that part of the tack-
ling struck the trees ; some on board then remarked it
was a fine spot for a town : A. fresh gale brought her to
Burlington : She moor'd to a tree, and the next morning
the people came ashore on the Ice, so hard had the
river suddenly frozen. In her came William Emley,

the

q. The Indian name of the place where Philadelphia now stands.

OF NEW-JERSEY. 109

the second time, with his wife, two children, one A. D.
born by the way, two men and two women servants ;
Mahlon Stacy, his wife, children and several servants,
men and women ; Thomas Lambert, his wife, children
and several men and women servants ; John Lambert
and servant; Thomas Revell, his wife, children and
servants; Godfrey Hancock, his wife, children and
servants; Thomas Potts, his wife and children; John
Wood and four children ; Thomas Wood, his wife and
children; Robert Murfin, his wife and two children;.
Robert Schooly, his wife and children ; James Pharo,
his wife and children; Susannah Fairnsworth, her
children and two servants; Richard Tattersal, his wife
and children ; Godfrey Newbold, John Dewsbury^
Richard Green, Peter Fretwell, John Fretwell, John
Newbold, one Barns, a merchant from Hull, Francis
Barwick, George Parks, George Hill, John Heyres,,
and several more.

In this year also arrived a ship from London, which
brought John Denn, Thomas Kent, John Hollins-
head, with their families ; William Hevvlings, Abra-
ham Hewlings, Jonathan Eldridge, John Petty, Tho-
mas Kirby, with others: The first of these settled
about Salem, the rest at Burlington. About this
time, and a few years afterwards, arrived at Burlington,
the following settlers from England, viz. John Butcher,,
Henry Grubb, William Butcher, William Brightwin,
Thomas Gardner, John Budd, John Bourten, Seth
Smith, Walter Pumphrey, Thomas Ellis, James
Satterthwaite, Richard Arnold, John Woolmun, John
Stacy, Thomas Kvrs, Benjamin Dufficld, John Payne,
Samuel Cleft, William Cooper, John Shinn, William-
Uilcs, John Skein, John Warrel, Anthony Morris,
Samuel Bunting, Charles Read, Francis Collins, Tho-
mas Mathews, Christopher Wetherill,, John Dewsbury,
John Day, Richard Btisnett, John Antroin, William

' Biddle,

110 THE HISTORY

A. D. Biddle, Samuel Furnace, John Ladd, Thomas Kaper,
Roger Hnggins and Thomas Wood. r-

Some hint has been given respecting the Dutch con-
quest of New- York and Ne w- Jersey, s- and that in
1673, they were yielded to king Charles the second, by
the genera] article of the treaty of peace : It was to
prevent any disputes that might arise upon a plea of the
property being thus alienated from the first purchasers,
that that king did, by his letters patent bearing date
the 29th day of June, 1674, grant unto the duke of
York, his heirs and assigns, the several tracts of land

in

r. Several of these have died within a few years past ; whether any
but Wood are yet living, cannot here be told.

s. The accounts of that affair, tho' sufficient to authenticate the
facts, are defective : Sir George Carteret in a publick declaration to
the inhabitants, dated July 31, 1674, asserts it positively. The
ingenious author of the history of New-York, says, (p. 29, 30, 31.)
'A few Dutch ships arrived the 30th of July 1673, under Staten-

* Island, at the distance of a few miles from the city of New-York.
'John Manning a captain of an independent company, had at that
'time the command of the fort, and by a messenger sent down to the
4 squadron, treacherously made his peace with the enemy. On
' that very day, the Dutch ships came up, moored under the fort,
' landed their men, and entered the garrison, without giving or

* receiving a shot. A council of war was afterwards held at the
^Stadt- House, at which were present, Cornelius Evertse, jun. and
'Jacob Benkes, commodores, and Anthony Colve, Nicholas Boes,
'Abraham Ferd. Van Zyll, captains. All the magistrates and
' constablt.s from East-Jersey, Long Island, Esopus and Albany,
'were immediately summoned to New-York; and the major part
'of them swore allegiance to the States General, and the prince
'of Orange. Col. Lovelace was ordered to depart the province,
4 but afterwards obtained leave to return to England with commo-
'dore Benkes. It has often been insisted on, that this conquest
'did not extend to the whole province of New-Jersey; but upon
' what foundation I cannot discover: From the Dutch records it
^appears, that deputies were sent by the people inhabiting the
'country, even so far westward as Delaware river, who in the name

''of their principals, made a declaration of their submi-sion ; in
'return for which, certain privileges were granted to them, and

* three judicatories erected at Niewer Amslel, Upland, and Hoarkill.
' — The Dutch governor enjoved his office but a very short season,
4 for on the 9th of February 1674, the treaty of peace between
"* England and the States General was signed at Westminster; the
•'sixth article of which restored this country to the English."

OF NEW- JERSEY. Ill

in America, which by the former letters patent had A. D.
been granted to him ; of which New- Jersey was part.
In this year, upon the application of the assigns of
lord Berkely, the duke made them a new grant of West
New-Jersey ; and in like manner by an instrument
bearing date the 10th of October, granted the eastern
moiety of New-Jersey, to the grandson of sir George
•Carteret.

CHAP. VII.

Letters from some «o/ the settlers of West- Jersey:
and arguments against the customs imposed at iheHoar
Kill by the governor of New- York.

SOME letters from the first settlers of West- Jersey,
with accounts of their situation and sentiments of
the country, have already been introduced ; more
might be added, but the following may suffice in this
place.

Abstract of Mahlon Stacy's letter to his brother
Re veil, and some others, dated the 26th of the 4th
month 1680. 1680.

' But now a word or two of those strange reports you

* have of us and our country ; I affirm they are not
4 true, and fear they were spoke from a spirit of envy :
4 It is a country that produceth all things for the support
'and sustenance of man, in a plentiful manner; if it
' were not so, I should be ashamed of what I have
' before written; but I can stand, having truth on my
< side, against and before the face of all gainsayers
'and evil spies: I have, travelled through most of
' the places that are settled, and some that are not, and
' in every place I find the country very apt to answer
' the expectation of the diligent: I have seen orchards
Maden with fruit to admiration, their very limbs

* torn to pieces with the weight, and most delicious to

<the

112 THE HISTORY

A. D. < the taste, and lovely to behold ; I have seen an apple
' tree from a pippin kernel, yield a barrel of curious
' cyder ; and peaches in such plenty, that some people
' took their carts a peach-gathering ; I could not but
' smile at the conceit of it : They are a very delicate
1 fruit, and hang almost like our onions that are tied
' on ropes : I have seen and known this summer, forty
' bushels of bold wheat of one bushel sown ; and many
' more such instances I could bring ; which would be
' too tedious here to mention : We have from the time
'called May until Michaelmass, great store of very
' good wild fruits, as strawberries, cranberries and
' hurtleberries, which are like our bilberries in England,
' but far sweeter ; the}' are very wholesome fruits. The
' cranberries much like cherries for colour and bigness,
' which may be kept till fruit come in again ; an excel-
' lent sauce is made of them for venison, turkeys, and
( other great fowl, and they are better to make tarts
'than either goosberries or cherries; we have them
' brought to our houses by the Indians in great plenty.
( My brother Robert had as many cherries this year as
' would have loaded several carts : It is my judgment
' by what I have observed, that fruit trees in this
' country destroy themselves by the very weight of their
' fruit : As for venison and fowls, we have great plen-
' ty : We have brought home to our houses by the
' Indians, seven or eight fat bucks of a day ; and some
1 times put by as many ; having no occasion for them ;
' and fish in their season very plenteous : My cousin
e Revell and I, with some of my men, went last third
1 month into the river to catch herrings ; for at that
' time they came in great shoals into the shallows ; we
' had neither rod nor net ; but after the Indian fashion
( made a round pinfold, about two yards over, and a
' foot high, but left a gap for the fish to go in at, and
' made a bush to lay in the gap to keep the fish in ; and
' when that was done, we took two long birches and
'tied their tops together, and went about a stone's cast
' above our said pinfold ; then hawling these birche's
' boughs down the stream, where we drove thousands

before

OF NEW- JERSEY. 113

'before us, but so many got into our trap as it would A. D.
'hold, and then we l>rgan to hawl them on shore as 80*

' i'a-t as three or four of us could, by two or three at a

* time ; and alter this manner, in half an hour, we

* could have filled a three bushel sack of as good and
' large herrings as ever I saw; and as to beef and pork,
' he iv. is great plenty of it, and cheap; and also good
'sheep: The common grass of this country feeds beef
'very fat: I have killed two this year, and therefore I
' have reason to know it; besides 1 have seen this fall,
' in Burlington, killed eight or nine fat oxen and cows
' on a market day, and all very fat : And though I
' speak of herrings only, lest any should think we
' have little other sorts, we have great plenty of most
' sorts of fish that ever I saw in England ; besides
' several other sorts that are not known there ; as rocks,
'cat-fish, shads, sleeps-heads, sturgeons; and. fowls
' plenty ; as ducks, geese, turkies, pheasants, par-
' tridges, and many other sorts that I cannot remember,
' and would be too tedious to mention. Indeed the
' country, take it as a wilderness, is a brave country,
' though no place* will please all. But some will be ready
' to say, he writes of conveniences, but not of incou-
' veniencies : In answer to those, I honestly declare,
' there is some barren land, as (I suppose) there is in
' most places of the world, and more wood than some
' would have upon their lands; neither will the country
' produce corn without labour, nor cattle be got with-
' out something to buy them, nor bread with idleness;
' else it would be a brave country indeed : And I que-
'stion not, but all then would give it a good word; for
' my part I like it so well, I never had the least thought
' of returning to Englandr except on the account of
'trade. MAHLON STACY/

In a letter to William Cook of Sheffield, and others,
Stacy wrote thus : M. Stacy.

' This is a most brave place ; whatever envy or evil
'spies may speak of it, I could wish you all here;
' Burlington will be a place of trade quickly ; for here

H 'is

114 THE HISTORY

'' ' *S Wa^ ^°r tra(*e : ^ W1'fck e^^lt more> ^ast winter,
' bought a good ketch of fifty tons, freighted her out at
' our own charge, and sent her to Barbados, and so to sail
' to Saltertugas, to take in part of her lading in salt, and
' the rest in Barbados goods as she came back ; which
'said voyage she hath accomplished very well, and
' now rides before Burlington, discharging her lading,
€ and so to go to the West-Indies again ; and we intend
'to freight her out with our own corn. We have

< wanted nothing since we came hither, but the com-

* pany of our good friends and acquaintance ; all our
' people are very well, and in a hopeful way to live
' much better than ever they did ; and not only so, but

* to provide well for their posterity : They improve

* their lands and have good crops ; and if our friends

< and countrymen come, they will find better reception

< than we had by far at first, before the country was

* settled as now it is. I know not one among the

* people, that desires to be in England again ; I mean

* since settled : I wonder at our Yorkshire people, that

* they had rather live in servitude, and work hard all the

< year, and not be three pence the better at the year's

< end, than stir out of the chimney corner and transport
' themselves to a place where, with the like pains, in
' two or three years, they might know better things.

( I never repented my coming hither, nor yet remem-
' bred thy arguments and out-cry against New-Jersey

* with regret. I live as well to my content, and in as
' great plenty as ever I did, and in a far more likely

* way to get an estate. Tho? I hear some have thought

* I was too large in my former, I affirm it to be true ;
' having seen more with mine eyes in this time since,
' than ever yet I wrote of.<- MAHLON STACY.

'From the Falls of Delaware, in West-New-
4 Jersey, the 26th of the 4th month, 1680.' Abstract

t. The inhabitants of West-Jersey, had hitherto either pounded
their corn or ground it with hand mills; but about this time Olive
had built his water mill on his plantation, nigh Rankokas creek;
and in this year Stacy finished his mill at Trenton : This last having
been rebuilt, continues good : These two were the only mills that
ground for the country several of the first years after their arrival.

W -JERSEY. 115

Abstract of a letter from Daniel Wills to William A. D.
Biddle, in Bishop's-gate-Street, London."-
' Dear friend,

'•Let every man write according to his judgment,
'and this is mine concerning this county; 1 do really I)-
* believe it to be as good a country as any man need to
'dwell in; and it is much better than I expected
' every way for land I will assure thee ; here is as good
' by the judgment of men, as any in England ; and
' for my part I like the country so well, and it is so
' pleasant to me, that if I had a good estate in land in
1 Knu'land, I should not come to live upon it ; for
' through industry here will be all things produced that
'are necessary for a family as in England, and far more
'oa-y, 1 am satisfied: When I am walking alone,
i the sense of the Lord's good dealings is brought
UK.?; I cannot* but admire him for his mercies,
' and often in secret bless his name, that ever he
' turn'd my face hither ward, and gave me confidence
' in himself, and boldness by faith, to oppose all
' <rainsayers ; though never so strong : Although then
' 1 could not say, it seemed so clear to leave the land of
' my nativity, yet now it is to me a certainty, that my
' removal was right, and in what I did, I had peace ;
'and in all my exercises by sea and land, I never felt
' the least matter in me, as to desire I had not come
'forward, but rather rejoiced in the midst of all.
' Though my removal was not ordinary, because of
' the largeness of my family, yet blessed be God, all is
'well to our content; if thou heeds every objection, it
' will be work enough: My resolutions were, and my
' s-i villas to several opposers, that I would come; if
'(iod hindred me not, no man should. I have writ
' i" -John Mnlliner and Edward Cooper largely, con-
i-ing the country, and refer to that letter/ Now
' my near and ancient acquaintance, William and
' Sarah Diddle, my love you may feel beyond expres-

' sion ;

i/. William and Sarah Biddle, with their family, removed for
\Wst-.Jersey, in the summer, 1681.

116 THE HISTORY

A. D. e sion ; and if you have clearness to come to New- Jersey,.

1680. ( jet nothing hinder ; but if you . have a stop within
' yourselves, let not any thing farther you until the way
' clears to your full satisfaction. In this advice I deny
( myself; if I might I would forward you to the utmost,
( but I dare not ; if a man cannot live here, I believe
( he can hardly live in any place in the world ; the place
' being, as I thought, set before me, by him who gives
1 length of days ; I will wait his good pleasure, and see
' what he will afford me in it. The last ship that came
' to New- York, brought several passengers, some of
' which came to see this country, and liked it well;
( so dear friends, you may stand against all opposers
' concerning the land, for it is good.

Burlington,- 6th of llth DANIEL WlLLS/

month, 1679-80.

•

Though the passengers who had already come to
West-Jersey, were well satisfied with the country,
things in general answering beyond their expectation ;
yet they were under one great inconveniency. We have
seen, that the governor of New- York, had very early
imposed ten per cent, on all goods imported at the Hoar
Kill ; and on exports, something in kind still subsisted ;
Five per cent being demanded of the settlers at arrival,
or afterwards, at the officer's pleasure; and that not
according to the neat cost of the goods, but upon the
foot of the invoice, as shipped in England : This was
evidently an arbitrary act ; neither West- Jersey nor the
Hoarkill was legally under their jurisdiction ; the settlers
from the first complained of the hardship, but bore it with
tolerable patience, till about 1 680 ; when they had it re-
dressed by the interposition of their friends in England,
who applying to the duke of York, he referred the matter
to council ; there it rested for a considerable time ; but at
last, by the diligence of W. Penn, Geo. Hutchinson, and
others, was reported in their favour : Sir John Werden,
on the duke's behalf, wrote to have it discontinued.

The

OF NEW-JERSEY. 117

The arguments used against this duty or impost, may A. D.
be seen by the following.

4 To those of the duke's commissioners, whom he has
1 ordered to hear, and make report to him, con-
' cerning the customs demanded in New West-Jer-
' sey, in America, by his governor of New- York.
' 1st. The king has granted to the duke of York,
'a tract of land in America, consisting of several
'Indian countries, with such powers and authorities customs at
' as are requisite to make laws, and to govern and ^}e Hoar-
'preserve the territory when planted: But with this kllls<
' restriction twice expressed, and several times referred
4 to, viz. So always as the said statutes, ordinances,
' and proceedings, be not contrary, but as near as may be,
i (ff/m-abfe to the Iaw9, statutes, and government of this
( our realm of England. In another place thus; And
4furtherj it may be lawful for our dearest brother, his
1 lull's and assigns, by these presents, to make, ordain,
1 < i nd establish all manner of orders, laws, directions,
' instruments, and forms of government, and magistrates
'ft and necessary for the territory aforesaid : But still
' with this limitation ; so always as the same be not
' contrary to the laics and statutes of this our realm of
' England, but as near as may be agreeable thereto.

'2. The duke of York, by virtue of this grant
' from the king to him, for a competent sum of
' money, (paid by the lord John Berkely and sir George
Marteret) granted and sold to them, a tract of land,
'called now by the name of New-Cesarea, or New-
'. Jersey; and that in as ample manner as it was
' granted by the king to the duke.

4 Tims then we come to buy that moiety which
'belonging to lord Berkeley, for a valuable considera-
' tion ; and in the conveyance he made us, powers of
'"•'•vrriiment are expressly granted; for that only
'could have induced us to buy it; and the reason is
' plain, because to all prudent men, the government
* of any place is more inviting than the soil; for what
4 is good land without good laws; the better the worse:

'And

118 THE HISTORY

A. D. < And if we could not assure people of an easy and
1680. 'free, and safe government', both with respect to
' their spiritual and worldly property ; that is, an un-
' interrupted liberty of conscience, and an inviolable
'possession of their civil rights and freedoms, by a
'just and wise government, — a meer wilderness woukl
' be no encouragement ; for it were a madness to leave
'a free, good and improved country, to plant in a
' wilderness ; and there adventure many thousands of
' pounds, to give an absolute title to another person
( to tax us at will and pleasure : This single considera-
' tion, we hope, will excuse our desire of the govern-
( ment ; not asserted for the sake of power but safety ;
' and that not only for ourselves, but others ; that the
'plantation might be encouraged.

' 3. The lord Berkeley and sir George Carteret, con-
' sidering how much freedom invites, that they might
'encourage people to transport themselves into those
'parts, made and divulged certain concessions, con-
' taining a model of government : Upon these several
' went, and are there planted ; the country was thus
'possessed, and the said government uninterruptedly
' administered by the said lord Berkely and sir George
' Carteret, or their deputy, for several years ; during
' which time no custom was demanded.

' 4. We dealt with the said lord Berkeley, upon the
'sight of these concessions, and the presumption that
'neither he nor sir George Carteret, would attempt
* to act any thing they had not power to do; miych
' less, that they or either of them, would pretend to sell
' a power they never had ; since that would not only be
' a cheat to the people that dealt with them for it, but
' an high affront to the duke.

' 5. The moiety of New-Csesarea, or New-Jersey,.
' thus bought of the said lord Berkeley, we dispose of
'part of our interest to several hundreds of people,
'honest and industrious; these transport themselves,.
' and with them such'houshold stuff and tools, as are
' requisite for planters to have : They land at Delaware
'bay, the bounds of the country we bought; the

OF NEW-JERSEY. 119

' passage God and nature made to it ; at their arrival A. D.
' they are saluted with a demand of custom, of five
' per cent, and that not as the goods may be there
' worth, Imt according to the invoice as they cost
' before, shipp'd in England; nor did they take them as
•' they < -111110, but at pick and chose, with some severe
'language to boot. This is our grievance; and for
'this we made our application to have speedy redress,
' not as a burden only, with respect to the quantum or
' the way of levying it, or any circumstances made
' hard by the irregularity of the officers, but as a wrong;
' for we complain of a wrong done us ; and ask yet
'with modesty, quo jure? Tell us the title by what
' right or law are we thus used ; that may a little miti-
t gate our pain? — Your answer hitherto hath been this,
'* That it was a conquered country ; and that the king,
" being the conqueror, he has power to make laws,
" raise money, &c. and that this power jure regale, the
" king hath vested in the duke, and by that right and
" sovereignty, the duke demands that custom we com-
" plain of." ' But suppose the king were an absolute
' conqueror in the case depending, doth his power
' extend equally over his own English people, as over
' the conquered ? Are not they some of the letters that
'make up the word conqueror? Did Alexander con-
'quer alone, or Caesar beat by himself? No. Shall
' their armies of countrymen and natives lie at the same
' mercy as the vanquished, and be exposed to the same
i will and power with their captive enemies ? The Nor-
' man duke, more a conqueror of England, by his
' subjection to our laws, and pretence to a title by them,
1 than of heraldry by his arms, used not the compa-
' nions of his victory so ill : Natural right and humane
'prudence, oppose such doctrine all the world over;
' for what is it but to say, that people free by law under
4 their prince at home, are at his mercy in the plan-
tations abroad; and why? because he is a conqueror
' there, but still at the hazard of the lives of his own
' pe..pl<«, and at the cost and charge of the publick:
' We could say more, but choose to let it drop. But

'our

120 THE HISTORY

A. D. < our case is better yet ; for the kings grant to the duke
80' ' of York, is plainly restrictive to the laws and govern-
' ment of England, and that more than once, as is
' before expressed. Now the constitution and govern-
( ment of England, ; as we humbly conceive, are so
'far from countenancing any such authority, as it is
' made a fundamental in our constitution and govern-

* ment, that the king of England cannot justly take his
( subjects goods without their consent : This needs no
€ more to be proved, than a principle ; 'tis jus indigene,
' an home-born right, declared to be law by diverse
' statutes ; as in the great charter, ch. 29, and 34 Ed.
' 3, ch. 2 ; again, 25 Ed. ch. 7. Upon this were many
' of the parliament's complaints grounded ; but parti-
' cularly that of the same king's reign, as is delivered by

' Mat. Westminster, in these words : x- To

' give up this (the power of making laws) is to change

* the government, to sell, or rather resign ourselves to
' the will of another ; and that for nothing : For under
6 favour we buy nothing of the duke, if not the right
' of an undisturbed colonizing, and that as Englishmen
( with no diminution, but expectation of some increase
' of those freedoms and privileges enjoyed in our own
' country : for the soil is none of his, 'tis the natives, by
' the Jus gentium, by the law of nations ; and it would
' be an ill argument to convert to Christianity, to expel
( instead of purchasing them out of those countries :
' If then the country be theirs, it is not the duke's ;
' he cannot sell it ; then what have we bought ? We
'are not unanswered in this point, and desire you to
'do it with all due regard to the great honour and
'justice of the duke: If it be not the right of colo-
' nizing there, which way have we our bargain, that
' pay an arbitrary custom, neither known to the laws
' of England, nor the settled constitution of New-
' York, and those other plantations? To conclude this

1 point

jc. The manuscript copy whence this is taken, is here defaced :
It contains a number of authorities from Bracton, Fortesque, the
petition of right, &o

OF NEW-JERSEY. 121

4 point, we humbly say, that we have not lost any part A. D.
' of our liberty, by leaving our country ; for \ve leave 1680<

* not our king, nor our government, by quitting our
' soil ; but we transplant to a place given by the same
' king, with express limitation to erect no polity con-
1 trary to the same established government, but as near
f a- mav be to it; and this variation is allowed but for
' the sake of emergencies; and that latitude bounded

* with these words, for the good of the adventurer and
' plant ir ; which that exaction of custom can never be:
' In that it not only varies to the discouragement and
1 prejudice of the pip liter, but contradicts his native
1 laws, rights and liberties, and lays a foundation for
'another sort of government than that which was only
' known to his fathers; unto the just defence of which
'he is engaged by nature and municipal laws: So far
' the point of law.

' We shall now insist upon the equitv of our
'rase; First, This very tax of five per cent, is a
'thing not to be found in the duke's conveyances,
' but an after-business; a very surprize to the planter!

* and such an one, as could they have foreseen, they
'would have sooner taken up in any other plantation
4 in America. In the next place,

' 2. New- Jersey never paid custom before last
' peace, and that peace re-invests every proprietor by
1 artieles. Xow we bought it when free, since which

* time this imposition is born ; must we be subjected to
' the payment of one tax, of greater value than the
'country? This in plain English, is under another

* name, paying for the same thing twice over; nay,
' had the soil been purchased of the Indians, by those
'of whom we bought it, and given us; it had been
' dearly accepted, upon this condition, and with this
' incumbranoe ; but it was bought by us, and that for
' a valuable consideration here ; and is now purchased
'again of the natives there too; this makes our case

'extreme hard, and we pray relief.

4 •">. ( 'ustom in all governments in the world, is laid
' upon trade, but this upon planting is unprecedented :

'Had

122 T H E H I S T O R Y

A.D. 'Had we brought commodities so these parts to sell,
'made profit out of them, and, returned to the advan-
' tage of traders ; there had been some colour or pre-
' tence for this exaction ; but to require and force a
( custom from persons for coming to their property,
( their own terra firma, their habitations ; in short,
' for coming home, is without a parallel ; this is pay-
' ing custom not for trading, but landing ; not for
' merchandizing, but planting ; in very deed for
'hazarding; for there we go; carryover our families
'and estates; adventure both for the improvement of
s a wilderness, and are not only told we must pay here-
' after out of our gains and improvements, but must
'pay out of our poor stock and principal, (put into
'goods) five pounds in the hundred; and not as they
' are there worth, but as they here cost ; and this for
'coming to plant: So that the plain English of the
'tragedy is this; we twice buy this moiety of New-
' Jersey, first of lord Berkeley, and next of the natives ;
'and what for? the better to mortgage ourselves and
'posterity to the duke's governors, and give them a
'title to our persons and estates, that never had any
' before : But pray consider, can there be a house
' without a bottom ; or a plantation before a people ?
' if not, can there be a custom before a trade ? Thus
'much for the equitable part of our plea; the next
' and last, is the prudential : We do offer several things
' in point of prudence, why the duke should desist
' from the exaction : First, there can be no benefit to
' a prince in America, there can be no trade, without
' a people ; there will be no people where there is no
' encouragement ; nor can there be any encouragement
' where people have not greater privileges by going
' than staying ; for if their condition be not meliorated,
'they will never forego the comfort of their kindred
' they must leave behind them, nor forsake their
' native country, run the hazard of the seas ; nor
' lastly, expose themselves to the wants and difficul-
' ties of a wilderness ; but on the contrary, if they
' have less privileges there than at home, 'tis, every

'way

OF NEW-JERSEY. 123

' way to worst themselves to go ; for they do not only A. D.

' pay custom here for going, but there for arriving ; '80*

' which is not done in any other plantation, even when

' our men go to merchandize and not to plant, which

' is our case : Besides there is no end of this power ;

' for since we are by this precedent, assessed without

' any law, and thereby excluded our English right of

'common assent to taxes; what security have we of

'any thing we possess? we can call nothing our own,

' but are tenants at will, not only for the soil but for

'all our personal estates; we endure penury and the

' sweat of our brows, to improve them at our own

1 hazard only : This is to transplant, not from good

' to better, .but from good to bad ; this sort of conduct

' has destroyed government, but never raised one tx>

' any true greatness ; nor ever will in the duke's terri-

' tories, whilst so many countries equally good in soil

1 and air, surrounded with greater freedom and secu-

' rity : Whereas if the duke please to make all planters

* easy and safe in their liberty and property, such a
' ju-t and free government will draw in other places,
' encourage persons to transplant into his country, and
1 his disbursements will soon be at an end ; his revenues,

* with satisfaction to the people, presently visibly
' augmented : Next this encouragement shipping and
' seamen, which not only takes off abundance of idle
' people, but our native growth and manufacture, and
' the export of them ; and the import of the produce
' of these plantations, in a little time overflow and
' advance the revenue of the crown : Virginia and
' Barbados are proofs undeniable in the case.

' Lastly, the duke's circumstances, and the people's
'jealousies considered, we humbly submit it, if there
' can be in their opinion, a greater evidence of a design
' to introduce an unlimited government, than both to
' exact such an untenninated tax from English planters,
' and t<> continue it after so many repeated complaints;
'and on the contrary, if there* can .be any thing so
' happy to the duke's present affairs, as the oppor-
' tuiiity he hath to free that country with his own hand,

'and

124 THE HISTORY

' and to make us all owners of our liberty, to his favour
1 and justice: So will Englishmen here know what to
' hope for, by the justice and kindness he shews to
' Englishmen there ; and all men to see the just model of
' his government in New- York, to be the scheme and
( draught in little, of his administration in Old England
( at large, if the crown should ever devolve upon his
1 head. The conclusion is this, that for all these reasons
' in law, equity and prudence, alledged ; you would
' please to second our request to the duke, that like
( himself, he would void this taxation, and put the
' country in such an English and free condition, that
s he may be as well loved and honoured, as feared by all
' the inhabitants of his territory ; that being great
' in their affections, he may be great by their industry ;
' which will yield him that wealth, that parent of
f power, that he may be as great a prince by property
' as by title.'

That this custom was now taken off, will, among
other things, appear by the following letter from
Samuel Jenings,^ directed to William Perm, Edward
Byllinge, or Gawen Lawrie.

' Dear friends,

Jenings to ' This may give you an account of mine and my
Penn, &c. < families safe arrival in New-Jersey, with all the rest
6 that came with us. I might say something concern-
' ing our passage at sea, but I wave it for want of
' time, and in fine may observe all was well ; for
' which I bless God ; and the Lord keep us all sensible
' of it, with the rest of his mercies forever.

' Dear friends, about six weeks since, we arrived in
€ Delaware river, where I expected to have met with a
' combat, in the denial of customs : In our passage at
' sea, I had communicated to all that had any conside-
t rable cargo on board, the opinion of council, con-
' cerning the illegal demand thereof, with what else I

'thought

y. He with his family, removed from Coles hill, the upper side
of the county of Bucks, about the third month, 1680.

New- Jersey, the 17th of \ RAMTTTTT

October, 1680. / SAMUEL

z. He used to collect the customs.

OP NEW-JERSEY. 125

' thought might be for their information ; which thus A.
' far prevailed, that most if not all concerned, seemed
' r<>.» Ived lodeny the leaving of custom here; having paid
'all the king's duties in England. In good time we
'came to anchor in Delaware, where one Peter Alrick
'came aboard, and brought a handsome present to our
'commander, and sent for me into the round-house,
'where they both were, and Peter told me he had
' nothing to say to us relating to customs ;*• he had no
' commission for it, nor did he know of any body that
' had ; so we had all our goods safely landed after this
'unexpected easy manner.

' lu pursuance of the trust committed to me after my
'arrival, 1 acquainted those nominated in the commis-
' sion with me of it; but in a short time after I received
' your letters, giving an account of a new grant obtained,
' wherein the customs are taken oif, a free port con-
' firmed, and the government settled on Edward Byl-
'liuge; which I doubt not will be very acceptable to
•' every honest man ; but as yet I have not had time to
' let the people in general know it : And now seeing
' the ports are made legally free, and the government
'settled, I would not have any thing to remain as a
'discouragement to planters: Here are several good
* and convenient settlements already, and here is land
' enough and good enough for many more.

CHAP.

126

THE HISTORY

A. D.
1680.

Jenings
deputy
governor.

Funda-
mentals.

CHAP. VIII.

The first form of government in West- Jersey, under the
proprietors: The first laws they made: The method
of regulating land affairs ; and a further account of
the Indians found in the first settled part of these
provinces.

TH E western part of New-Jersey, was now become
populous, by the accession of many settlers.
Jenings, who arrived last year, about this time,
received a commission from Byllinge, (whom the pro-
prietors in England, as mentioned before, had chosen
governor) to be his deputy: He called an assembly,
and with them agreed upon certain fundamentals of
government, as follows.
' Province of West-New-Jersey, in America, the 25th

of the 9th month called November, 1681.
( Forasmuch as it hath pleased God to bring us into
' this province of West-New-Jersey, and settle us here
' in safety, that we may be a people, to the praise and
' honour of his name, who hath so dealt with us, and
( for the good and wellfare of our posterity to come :
' We, the governor and proprietors, freeholders and
' inhabitants of West-New-Jersey, by mutual consent
( and agreement, for the prevention of innovations
( and oppression, either upon us, or our posterity, and
' for the preservation of the peace and tranquility of
' the same ; and that all may be encouraged to go on
1 chearfully in their several places ; we do make and
' constitute these our agreements, to be as fundamentals
' to us, and our posterity, to be held inviolable ; and
1 that no person or persons whatsoever, shall or may
' make void or disannul the same, upon any pretence
' whatsoever.

' 1. That there shall be a general free assembly for
' the province aforesaid, yearly and every year, at a day

( certain

OF NEW-JERSEY. 127

* certain, chosen by the free people of the said province, A. D.
4 whereon all the representatives for the said province 1680'
'shall be summoned to appear, to consider of the

* attains of the said province, and to make and ordain
' such acts and laws as shall be requisite and necessary
' for the good government and prosperity of the free
'people of the said province; and (if necessity shall
' require) the governor for the time being, with the
1 consent of his council, may and shall issue out writs
' to convene the assembly sooner, to consider and
'answer the necessities of the people of the said pro-
' vince.

' '2. That the governor of the province aforesaid,
' his heirs or successors, for the time being, shall not
' suspend or defer the signing, sealing and confirm-
4 inj; of such acts and laws as the general assembly
' (from time to time.to be elected by the free people of
' the province aforesaid) shall make or enact for the
'securing of the liberties and properties of the said
' free people of the province aforesaid.

' 3. That it shall not be lawful for the governor of
' the said province, his heirs or successors, for the time
' being, and council, or any of them, at any time or
' times hereafter, to make or raise war upon any ac-
c count or pretence whatsoever, or to raise any military
1 Torres within the province aforesaid; without the
' consent and act of the general free assembly, for the
4 time being.

' 4. That it shall not be lawful for the governor of
' the said province, his heirs or successors, for the time
' Iw'iiur, and council, or any of them, at any time or
' times hereafter, to make or enact any law or laws

* for the said province, without the consent, act and
'concurrence of the general assembly: And if the
'governor for the time being, his heirs or successors,
' and council, or any of them, shall attempt to make
'<>r enact any such law or laws, of him or themselves,
' without the consent, act and concurrence of the
'general assembly; that from thenceforth, he, they,
' or so many of them, as shall be guilty thereof, shall

'upon

128 THE HISTORY

A. D. < upon legal conviction, be deemed and taken for
*80* 'enemies to the free people of the said province;
' and such act so attempted to be made, to be of no
' force.

' 5. That the general free assembly, from time to
' time, to be chosen as aforesaid, as the representatives,
( of the people, shall not be prorogued or dissolved,
' before the expiration of one whole year, to com-
' mence from the day of their election, without their
( own free consent.

1 6. That it shall not be lawful for the governor of
' the said province, his heirs or successors, for the time
( being, and council, or any of them, to levy or raise
' any sum or sums of money, or any other tax whatso-
e ever ; without the act, consent and concurrence of
' the general Assembly.

' 7. That all officers of state or trust, relating to the
' said Province, shall be nominated and elected by the
' general free assembly for the time being, or by their
' appointment ; which officer and officers, shall be
' accountable to the general free assembly, or to such as
' the said assembly shall appoint.

' 8. That the governor of the province aforesaid,.
' his heirs or successors, for the time being, or any of
' them, shall not send ambassadors, or make treaties,
( or enter into alliances, upon the public account of the
( said province, without the consent of the said general
' free assembly.

' 9. That no general free assembly hereafter to be
' chosen by the free people of the province aforesaid,,
f shall give to the governor of the said Province for the
' time being, his heirs or successors, any tax or custom
' for longer time than for one whole year.

' 10. That liberty of conscience, in matters of faith
' and worship towardsx God, shall be granted to all
' people within the province aforesaid, who shall live
' peaceably, and quietly therein ; and that none of the
' free people of the said province, shall be rendered uu-
' capable of office in respect of their faith and worship.

' Upon

OF NEW-JERSEY. 129

' Upon the governor's acceptance and performance A. D.
' of the proposals herein before expressed, we the ge- 81*

' neral free assembly, proprietors and freeholders of
'the province of West Xc\v-.I' r- v aforesaid, do accept
' and receive Samuel Jenings, as Deputy Governor.
' In testimony whereof I have hereunto put my hand
' and seal, the day and year above written,

t Samuel Jenings, Deputy Governor.
Subscribed also ' Thomas Olive, Speaker/

This assembly was held from the 21st till the 28th of
November, and passed six and thirty laws (beside the Laws.
above) many of which were repealed in a few years
afterwards: Some of them were in substance, — That
it should be the business of the governor and commis-
sioners BO see that alt courts executed their offices, and
to punish such officers as should violate the laws: —
That lands legally taken up and held, planted and
possessed seven years, should not be subject to alteration :
— That all officers of trust should subscribe to do equal
i iuht and justice : — That no person should be condemned
or hurt, without a trial of twelve men; and that in
criminal cases, the party arraigned to except against
thirty-five, or more upon valid reasons : — That in
every court, three justices or commissioners at least,
to sit and assist the jury, in cases of law; and pro-
nounce the judgment of the jury: That false wit-
nesses be fined, and disabled from being after admitted
in evidence, or into any public office in the province :
— That persons prosecuting for private wrong (murder
treason and theft excepted) might remit the penalty
or punishment either before or after condemnation :
— That juries should be summoned by the sheriff,
and none be compelled to fee an attorney to plead his

cause: That all wills should be first proved and

registered, and then duly performed: — That upon
persons dying intestate, and leaving a wife and child,

I or

130 THE HISTORY

A. D. or children, the governor and commissioners for the
time being, were to take security, that the estate
should be duly administered, and the administrator to
secure two thirds for the child or children, the other
to the widow ; where there was no children, one moiety
or half the estate, was to go to the next of kin, the
other half to the widow; always provided, such
estate exceeded one hundred pounds ; otherwise the wi-
dow to have the whole ; and in cases of leaving chil-
dren, and no provision, the charge of bringing them

up, to be paid out of the public stock: That

felons should make restitution four fold, or as twelve
of the neighbourhood should determine; and such as
hurt or abuse the person of any, be punished according
to the nature of the offence: That whoso-
ever presumed, directly or indirectly, to sell any
strong liquors, to any Indian or Indians, should
forfeit for every such offence, the sum of three
pounds : — That ten men from Burlington, and ten
from Salem, should be appointed to lay out and
clear a road from Burlington to Salem, at the public
expence :— That two hundred pounds should be equally
levyed and appropriated for the charges of government,'
upon the several tenths, twenty pounds each ; every
man to be assessed according to his estate ; and all
handicrafts, merchants and others, at the discretion
of the assessors : Persons thinking themselves aggrieved,
had the liberty of appealing to the commissioners of the
tenth they belonged to. These and other laws agreed
on, the commissioners next fixed the following method
for regulation of lands.
' The methods of the commissioners for settling and

' regulation of lands.

' We whose names are hereunder written, commis-

Eegulation e sioners nominated, elected and chosen by the general

of lands. ( free assembly ? proprietors and freeholders of the

' province

OF NEW-JERSEY. 131

4 province of West-New-Jersey, the 23d day of No- A. D.
' vember last past, for the settling and regulating of
' lands, and other concerns within the said province; do
'by and with the approbation and consent of the
'governor of the said province, and council, in pur-
' snance of the said trust in us reposed, hereby fully
'agree upon these rules and methods herein after fol-
' lowing : (that is to say)

' 1 . That the surveyor shall measure the front of the
1 river Delaware, beginning at Assunpink creek, and

* from thence down to Cape May, that the point of
' the compass may be found for the running the parti-
' tion lines betwixt each tenth.

' 2. That each and every tenth, or ten proprieties,
1 shall have their proportion of front to the river Dela-
1 ware, and so far back into the woods as will make or
1 contain sixty-four thousand acres for their first settle-
' i n< int, and for the sub-dividing the Yorkshire and
' London two tenths.

k .'). To allow three thousand and two hundred acres
1 where the parties concerned please to oh use it within
' their own tenth ; to be taken up according to the rules
' or methods following, viz. One eighth part of a pro-
1 priety, and so for smaller parts, to have their full pro-
' portion of the said land in one place (if they please)

* and greater purchasers or shares not to exceed five
' hundred acres, to one settlement.

' 4. All lands so taken up and surveyed, shall be
f seated within six months after it is so taken up; and
' if th" >ame shall not be seated within the said time,
' then such choice and survey shall be void, and the
'same lands shall be free for any other purchaser to
1 take up; provided he or they so taking up the same,
Mo, or shall seat it, within one month after it is so
' taken up.

' ~). That no person or persons shall take up lands
i on both sides of a creek, to one settlement, except
1 the commissioners for the time being, shall see good
1 cause for their so doing.

< 6. That

132 THE HISTORY

A. D. < 6. That no person or persons shall have more than

( for£y perches front to the river, or navigable creek,
' for each and every one hundred acres, except it fall
' upon a point, so that it cann6t otherwise be avoided ;
1 and in such cases it shall be left to the discretion of
1 the commissioners then for the time being.

' 7. That all lands be laid out on straight lines, that
' no vacancies be left between lands, but that they be
'joined one seat to another, except the commissioners
' then for the time being, shall for good causes order it
' otherwise.

' 8. That all persons shall take their just proportions
( of meadow, which shall be laid forth at the discretion
' of the commissioners then for the time being.

' 9. That all persons who are already seated, shall
' have liberty to make his settlement his choice, if he
e please ; provided he or they observe and follow the
f rule or method herein prescribed.

' 10. That every proprietor shall have four hundred
' acres to a propriety, and so proportionably to lesser
1 quantities for their town lot, over and above their
' aforesaid three thousand two hundred acres ; which
1 may be taken any where within their own tenth,
1 either within or without the town bounds.

'11. That no person or persons who have already
' taken up a town lot, shall have liberty to leave it, and
'take a lot elsewhere, but shall keep the same he hath
' taken up, as his town lot.

' 12. That Thomas Wright shall keep his settlement,
' containing four hundred acres ; and that theo ommis-
'sioners for Yorkshire side, shall allow to the town
' bounds, three hundred acres, to be taken up adjoining
' to the town bounds, on Lazy Point, in lieu thereof.

1 13. That no purchaser shall take up more land
' within the town bounds, than belongs to his town lot,
' by virtue of his purchase.

' 14. That no person or persons (who are not pur-
' chasers to whom town lot or lots are given) shall dis-
4 pose of, or sell his or their said lot or lots of land,

'from

OF NEW-JERSEY. 133

* from their house or houses respectively ; and that if A. D.
'any such person or persons as aforesaid, shall dispose

' of, or sell such said lot or lots apart from his or their
' MI id house or houses, then such said sale of lot or lots
'shall be void and of no effect ; and the same lot or
' lots shall from thence become forfeit, to the use of
'the town of Burlington, to be disposed of therein,
' at the discretion of the commissioners then for the

* time being.

' 15. That no person or persons from hence for-
' ward, shall take up any land, without special order
' from two or more of the commissioners for the time

* beinjr, first had and obtained.

' 16. That all and every settlement and settlements
'already made, which are not consonant and agreeable
' to the rules and methods aforesaid, shall be liable to
1 regulation, according to the said rules and methods.

' 17. That the proprietors who are yet remaining
( in England, shall have notice, that we find it necessary
'for the speedy settlement of this province, and for
' the interest of all concerned therein, to allow to every
1 propriety as aforesaid, three thousand two hundred
' a< -res for our first choice; and in case much people
k -hull come, as may be reasonably expected, who have
' purchased no land in England, and desire to settle
'amongst us; that then we reserve liberty to take up
l-o much land more as shall fall to every propriety,
1 not exceeding five thousand and two hundred acres,
'which was allowed to us for our first settlement:
' Provided nevertheless, that none shall take up any
' proportion of land, but as they shall settle it, or
'cause it to be settled; which is to be done after the
'aforesaid three thousand two hundred acres shall be
'justly taken up and settled.

4 is. That all publick highways shall be set forth,
'at any time or times hereafter, at the discretion of
'the commissioners for the time being, in or through
'any lands taken up, or to be taken up; allowing the
'owners of such lands where such publick highways

shall

134 THE HISTORY

A. D. < shall be laid forth, reasonable satisfaction at the dis-
Io81. * cretion of the commissioners, in lieu thereof.

' 19. Yet nevertheless, it is hereby commended and
'agreed by the authority aforesaid, that the rules and
'methods herein before agreed on, shall not make
'void or disannul, all or any settlement or settle-
' nients heretofore made, in the Yorkshire tenth, who

* have seated according to a former agreement, viz.

* Not having taken up more than fifty perehes for eaeli
'and every -hundred acres on the river or navigable
' creek, and having kept their due breadth and bounds
' from die river or creek.

'Signed and scaled the 5th December, 1(581, by
' Samuel Jenings, governor, Thomas Olive, Thomas
' Budd, Robert Stacy, Benjamin Scott-, Thomas
'Gardiner, Daniel Wills, Mahlon Stacy, Thomas

* Lambert

' 20. That all persons who have already taken up
'any lands, within the first and second tenth in this
'province, shall bring in their deeds or writings, to
' shew their title to such lands as they have taken up,
'to Benjamin Scott, Robert Stacy, Thomas Budd,
'and Thomas Gardiner, on or before die twelfth day
'of this instant January, next ensuing the day of
' the date hereof.

' 21. That all person or persons hereafter to hike up
'land within the said first and second tenth, shall first
'make application to the said Benjamin Scott. Robert
' Stacy, Thomas Budd, and Thomas Gardiner, or any
' two of them ; and shall also before the said commission-
' ers solemnly declare and aver, upon the penalty of the
'law of perjury, to pass against them, that the quan-
'tity or portion of land contained in their respective
' Deeds or other Writings, do really and in gixxl eon-
' science, belong and appertain to him or them so
'requiring a warrant or war rants, for laving forth his
'or their land; so as the said commissioners may be
( thereby satisfied with the justness of his or their title

* thereto ; dieu, and not before,, die said commissioners,

OF NEW-JERSEY. 135

'or any t\v<> of them, shall and may grant out a A. D.
warrant to the surveyor or his deputy, to lay out and **•

survey the respective proportion of land to him or
them duo and appertaining as aforesaid ; enjoining
the surveyor or his deputy, to make return of his
said warrant and survey, a! the next court after such
warrant granted, to bo held at Burlington; that the
same may l>e registered by order of the said court.

' -'2. That all proprietors and purehasers, within
'tlu« said tirst and second tenths, shall and may have
' libertv to take his and their full proportions of land
' as before within is agreed upon, of the first and second
' ehoiee in one plaee ; provided he or thev so doing
4 take not up more than live hundred acres of land in
' one settlement.

' Witness our hands and seals, the 14th day of the
'eleventh month, 1G81.

SAMUEL JENINGS, Governor.
THOMAS OLIVE,
ROBERT STACY,
THOMAS BUDD,
DANIEL WILLS,
THOMAS GARDINER,
BENJAMIN SCOTT.

It would be vain to pretend to give a particular
account of al! the ditlbrent tribes or nations of Indians
that inhabited these provinces before the Europeans
eame among them, there being probably a tribe in
some parts, for every ten or twenty miles, which were Indiana,
commonly distinguished by the names of creeks or other
noted places where they resided; thus, there were the
inpink,'- the Raukokas/i. the Mingo,&. the

Andastaka,

i. Stony Creek, a. Lamikas, or ('hioheqnas, was the proper
Indian name: tlu>y did not pronounce the r at all.

6. Indian knowledge ahont the weather were received topicks
of conversation ; some of tlu-ir maxims have been found as gene-
rally true, as things of that kind commonly are. If Jacob Taylor's

intelligence

136 THE HISTORY

A. D. Andastaka, the Neshamine, and the Shackamaxon
Indians; and those about Burlington were called the
Mantas ;c. but these and others were all of them distin-
guished from the back Indians, who were a more warlike
people, by the general name of the Delawares: The
nations most noted from home, that sometimes inha-
bited New- Jersey, and the first settled parts of Pennsyl-
vania, were the Naraticongs, on the North side of E-ari-
ton River, the Capitinasses, the Gaeheos, the Munseys,
the Pomptons, the Senecas and the Maquaas ;d. this last
was the most numerous and powerful : Different nations
were frequently at war with each other, of which hus-
bandmen sometimes find remaining marks-ill their fields :
A little below the falls of Delaware on the Jersey side;
at Point-no-point in Pennsylvania, and several other
places, were banks that have been formerly thrown up

for

intelligence be right, they also predicted: A sachem of this tribe
(he says) being observed to look at the great comet, which ap-
peared the first of October 1680, and asked, what he thought was
the meaning of that prodigious appearance? answered gravely,
It signifies that we Indians shall melt away, and this country be in-
habited by another people. How this Indian came by his knowledge
without the learned Whiston's astronomical tables, or whether he
had any knowledge, is not so material. He will however be allowed
as good a right to pretend to it, when the event is considered, as the
other had in his conjectures concerning the cause of Noah's flood:
This at least till the regularity of the comets motions are better
known. But we see greater names have had their prognosticating
sentiments concerning them Hence Dr. Young in his paraphrase
on that chapter of Job, where the almighty challenges the patriarch
on the weakness of man,

Who drew the comet out to such a size
And pourM his flaming train o'er half the skies?
Did thy resentment hang him out, does he
Glare on the nations, and denounce from thee ?

c. Frogs, a creek or two in Gloucester county, are called Manta
or Mantau, from a larger tribe that resided there ; the Indians were
probably both of the same Stock.

•

d. The Five Nations before the sixth was added ; but few of
these had their residence in New- Jersey : They are supposed to have
been sometimes in fishing seasons among the others here; the Dutch
called them Mahakuase.

OF NEW-JERSEY. 137

for intrenchments, against incursions of the neigh- A- D.
bouring Indians, who in their canoes used sometimes to
go in warlike bodies from one province to another.

It was customary with the Indians of West- Jersey,
when they buried their dead, to put family utensils, bows
and arrows, and sometimes money (wampum) into the
grave with them ; as tokens of their affection. When a Indian
prison of note died far from thetplace of his own resi-
dence, they would carry his bones to be buried there ;
they washed and perfumed the dead, painted the face,
ami followed singly; left the dead in a sitting posture,
and covi'ivd the grave pyramidically : They were very
curious in preserving and repairing the graves of their
dead, and pensively visited them ; did not love to be
asked their judgment twice about the same thing:
They generally delighted in mirth; were very studious
in observing the virtues of roots and herbs, by which
they usually cured themselves of many bodily distem-
pers, both by outward and inward applications : They
besides frequently used sweating, and the cold bath. «•
They had an aversion to beards, and would not suffer
them to grow ; but pluck'd the hair out by the roots :
The hair of their heads was black, and generally
shone with bear's fat, particularly that of the women,
who tied it behind in a large knot; sometimes in a bag.
They called persons and places, by the names of
things remarkable, or birds, beasts, and fish; as
Per-hala, a duck ; Cau-hawuk, a goose ; Qaink- Quink,
a tit ; Pulluppa, a buck ; Skingas, a wild-cat ; and they

observed

«. The manner was to first inclose the patient in a narrow cabbin,
in tin- tnidst of which was a red hot stone, this frequently wet with
water, occasioned a warm vapour; the patient sufficiently wet with
this and his own sweat, was hurried to the next creek or river, and
plunged into it ; this was repeated as often as necessary, and some-
times irreat cures performed. But this rude method at other times
killed, notwithstanding "he hardy natures of the patients; especially
in the small pox and other European disorders.

138 T H E H I S T O B, Y

A. D. observed it as a rule, when the rattle-snake gave notice
by his rattle before they approached, not to hurt him ;
but if he rattled after they had passed, they immediately
returned and kill'd him. They were very loving to one
another ; if several of them came to a Christian's house,
and the master of it gave one of them victuals and
none to the rest, he would divide it into equal shares
amongst his companions ; if the Christians visited them,
they would give them the first cut of their victuals ;
they would not eat the hollow of the thigh of any
thing they killed. Their chief employment was hunt-
ing, fishing, and fowling; making canoes, bowls,
and other wooden and earthen ware ; in all which they
were, considering the means, ingenious : In their earthen
bowls they boiled their water. Their women's business
chiefly consisted in planting Indian corn, parching or
roasting it, pounding it to meal in mortars, or breaking
it between stones, making bread, and dressing victuals ;
in which they were sometimes observed to be very neat
and cleanly, and sometimes otherwise : They also made
mats, ropes, hats and baskets, (some very curious)
of wild hemp and roots, or splits of trees : Their young
women were originally very modest and shame-faced^
and at marriageable ages distinguished themselves with
a kind of work'd mats, or red or blue bays, interspersed
with small rows of white and black wampum, or half
rows of each in one, fastened to it, and then put round
the head, down to near the middle of the forehead : Both
young and old women would be highly offended at in-
decent expressions, unless corrupted with drink. The
Indians would not allow of mentioning the name of a
friend after death : They sometimes streaked their faces
with black, when in mourning ; but when their affairs
went well, they painted red : They were great observers
of the weather by the moon ; delighted in fine cl oaths ;
were punctual in their bargains, and observed this so
much in others, that it was very difficult for a person

who

OF NEW-JERSEY. 139

who had once failed herein, to get any dealings with A. D.
them afterwards. In their councils they seldom or never
interrupted or contradicted one another, till two of them
had made an end of their discourse ; for if ever so many
W«TO in company, only two must speak to each other,
and the rest be silent till their turn : Their language was
high, lofty, and sententious: Their way of counting
was by tens, that is to say, two tens, three tens, four
tens, &c. when the number got out of their reach,
they pointed to the stars, or the hair of their heads.
They lived chiefly on maze, or Indian corn roasted in
tlit- ashes, sometimes beaten and boiled with water,,
called homine; they also made an agreeable cake of
their pounded corn; and raised beans and pease ; but
the woods and rivers aiforded them the chief of their
provisions : They pointed their arrows with a sharpened
flinty stone, and of a larger sort, with withs for handles,
cut their wood ; both of these sharpened stones are often
found in the fields. Their times of eating were commonly
morning and evening ; their seats and tables the ground :
They were naturally reserved, apt to resent, to conceal
their resentments, and retain them long ; they were liberal
and generous, kind and affable to the English : They
were observed to be uneasy and impatient in sickness for
a present remedy, to which they commonly drank a
decoction of roots in spring water, forbearing flesh,
which if they then eat at all, it was of the female.
They took remarkable care of one another in sickness,
while hopes of life remained; but when that was gone,
some of them were apt to neglect the patient. Their
government was monarchical and successive, and mostly
of the mother's side, to prevent a spurious issue. /• They

commonly

/. That is, the children of him now king, will not succeed,
but his brother by the mother, or children of his sister, whose son*
(and afu-r thiMii the male children of her daughters) were to reign;,
for no woman inherited.

140 THE HISTORY

A. D. commonly washed their children in cold water as soon
as born ; and to make their limbs straight, tied them to
a board, and hung it to their backs when they travelled ;
they usually walked at nine months old : Their young
men married at sixteen or seventeen years of age, if by
that time they had given sufficient proof of their man-
hood, by a large return of skins : The girls married
about thirteen or fourteen, but stay'd with their mothers
to hoe the ground, and bear burthens, &c. for some
years after marriage : The women, in travelling, gene-
rally carried the luggage: The marriage ceremony
was sometimes thus ; the relations and friends being
present, the bridegroom delivered a bone to the bride,
she an ear of Indian corn to him, meaning that he
was to provide meat, she bread : It was not unusual
notwithstanding, to change their mates upon dis-
agreement; the children went with the party that
loved them best, the expence being of no moment to
either; in case of difference on this head, the man
was allowed the first choice if the children were divided
or there was but one. Very little can be said as to their
religion ; much pains were taken by the early Christian
settlers, and frequently since, to inform their judg-
ments respecting the use and benefit of the Christian
revelation, and to fix restraints; but generally with
unpromising success, tho' instances have now and then
happened to the contrary : They are thought to have
believed in a God and immortality, and seemed to aim
at publick worship ; when they did this, they some-
times sat in several circles one within another ; the
action consisted of singing, jumping, shouting and danc-
ing ; but mostly performed rather as something handed
down from their ancestors, than from any know-
ledge or inquiry into the serious parts of its origin :
They said the great king that made them, dwelt in a

glorious

OF NEW-JERSEY. 141

glorious country to the southward, and that the spirits A. D.

of the best should go there and live again : Their most

solemn worship was the sacrifice of the first fruits, in

which they burnt the first and fattest buck, and feasted

i-ijvili.T upon what else they had collected; but in this

sacrifice broke no bones of any creature they eat; when

done, they gathered and buried them very carefully;

then- have since been frequently ploughed up: They

distinguished between a good and evil . man-etta, or

spirit ; worshiped the first for the good they hoped ; and

of them are said to have been slavishly dark in

praying to the last for deprecation of evils they feared;

but if this be true in a general sense, some of the tribes

much oonceaPd it from our settlers : They did justice

upon one another for crimes among themselves, in a

way of their own ; even murder might be attoned for

by feasts, and presents of wampum ; the price of a

woman kill'd was double, and the reason, because she

hr«l rlii/dri'n., which men could not do. — If sober they

rarely quarrelled among themselves ; they lived to sixty,

seventy, eighty, and more, before rum was introduced,

but rarely since : Some tribes were commcndably careful

of their aged and decrepid, endeavouring to make the

remains of life as comfortable as they could ; it was pretty

gen i -rally so, except in desperate decays; then indeed as

in other cases of the like kind, they were sometimes apt

to neglect them. Strict observers of property, yet

to the last degree, thoughtless and inactive in acquiring

or keeping it : None could excel them in liberality of

the little they had, for nothing was thought too good

for a friend; a knife, gun, or any such thing given to

on.-, frequently passed through many hands: Their

houses or wig-warns were sometimes together in towns,

but mostly moveable, and occasionally fixed near a

spring or other water, according to the convniencies for

hunting, fishing, basket making, or other business of

that sort and built with poles laid on forked sticks in

the

142 THE HISTORY

A. D. the ground, with bark, flags or bushes on the top and
sides, with an opening to the south, their fire in the
middle ;#• at night they slept on the ground with their
feet towards it ; their cloathing was a coarse blanket or
skin thrown over the shoulder, which covered to the
knee, and a piece of the same tied round their legs,
with part of a deer skin sewed round their feet for shoes ;
as they had learned to live upon little, they seldom
expected or wanted to lay up much : h. They were also
moderate in asking a price for any thing they had for
sale: When a company travelled together, they gene-
rally followed each other in silence, scarcely ever two
were seen by the side of one another ; in roads the
man went before with his bow and arrow, the woman
after, not uncommonly with a child at her back, and
other burdens besides ; but when these were too heavy,
the man assisted. To know their walks again, in un-
frequented woods, they heaped stones or marked trees.
In person they were upright, and strait in their
limbs, beyond the usual proportion in most nations ;
their bodies were strong, but of a strength rather fitted
>to endure hardships than to sustain much bodily labour,
very seldom crooked or deformed ; their features
regular; their countenances sometimes fierce, in % com-
mon rather resembling a jew than Christian; the
colour of their skin a tawny reddish brown ; the whole

fashion

' g. From the years 1300 to 1500, in the towns of France, Ger-
' many, and England, they had scarce any but thatched houses;
'and the same might be said of the poorer towns in Italy: And
'altho' those countries were over-run with woods, they had not us
'yet learned to guard against the cold, by the means of chimneys,
'(the kitchen excepted) an invention so useful and ornamental 10
'our modern apartments. The custom then was, for the whole
'family to sit in the middle of a smoaky hall, round a large stove,
'the funnel of which passed through the ceiling. Anderson's hist.
and chronological deduction of commerce.

h. Sir William Temple somewhere says, an Indian once put the
-question to a Christian, to give him a reason, why he should labour
.hard all his davs to make his children idle all theirs?

OF NEW-JERSEY. 143

fashion of their lives of a piece ; hardy, poor and A. D.
squalid : *• When they began to drink, they commonly
continued it as long as the means of procuring it
lasted. In drink they often lay exposed to all the
inclemencies of weather, which introduced a train of
new disorders among them ; They were grave, even
to sadness upon any common, and more so upon
serious occasions; observant of those in company,
and respectful to the old ; of a temper cool and delibe-
rate ; never in haste to speak, but waited for a certain-
ty, that the person who spoke before them had finished
all lie had to say: They seemed to hold European
vivacity in contempt, because they found such as
came among them, apt to interrupt each other, and
frequently speak all together: Their behaviour in
publick councils, was strictly decent and instructive,
every one in his turn was heard, according to rank of
years or wisdom, or services to his country: Not a
word, a whisper, or a murmur, while any one spoke;
no interruption to commend or condemn; the younger
>ort were totally silent. They got fire by rubbing wood
of particular sorts, (as the antients did out of the ivy
and bays) by turning the end of a hard piece upon the
side of one that was soft and dry ; to forward the heat
they put dry rotten wood and leaves; with the help of
lire and their stone axes, they would fall large trees, and
afterwards scoop them into bowls, &c. From their *
infancy they were formed with care to endure hard-
ships, to bear derision, and even blows patiently; at
least with a composed countenance: Though they

were

/. Uncultivated :«•* these people are, in many of their practices,
jhen it is considered how others have refined 'from circumstances
equally low and sordid, if not quite so savage; it seems to open a
do.-r of hope with regard to some of these. If we look into Europe,
we Khali tind that even in their present state, they are not an abso-
lutely singular character. Vid. Hist, of Ireland, by F Warner,
L. L. D. lately published, Ac.

144 THE HISTORY

A. D. were not easily provoked ; it was generally hard
to be appeased whenever it happened : Liberty in
its fullest extent, was their ruling passion ; to this
every other consideration was subservient; their
children were trained up so as to cherish this disposition
to the utmost; they were indulged to a great degree,
seldom chastised with blows, and rarely chided ; their
faults were left for their reason and habits of the
family to correct; they said these could not be great
before their reason commenced; and they seemed to
abhor a slavish motive to action, as inconsistent with
their notions of freedom and independency ; even
strong persuasion was industriously avoided, as border-
ing too much on dependence, and a kind of violence
offered to the will : They dreaded slavery more than
death : They laid no fines for crimes ; for they had no
way of exacting them : The attonement was volun-
tary : Every tribe had particulars in whom they reposed
a confidence, and unless they did something unworthy
of it they were held in respect : What were denominated
kings, were sachems distinguished among these; the
respect paid them was voluntary, and not exacted or
looked for, nor the omission regarded : The sachems
directed in their councils, and had the chief disposition
of lands. To help their memories in treaties, they
had belts of black and white wampum ; with these
closed their periods in speeches, delivering more or
less according to the importance of the matter treated
of; this ceremony omitted, all they said passed for
nothing: They treasured these belts when delivered
to them in treaties, kept them as the records of the
nation, to have recourse to upon future contests;
governed by customs and not by laws, they greatly
revered those of their ancestors, and followed them so
implicitly, that a new thought or action but seldom
intruded. They long remembered kindnesses, families

or

Or NEW-JERSEY. 145

or particulars that had laid themselves out to deal A.D.
with, 'entertain and treat them hospitably, or even
fairly in dealings, if no great kindness was received,
were sure of their trade: This also must undoubtedly
be allowed, that the original and more uncorrupt,
very seldom forgot to be grateful, where real benefits
had been received. And notwithstanding the stains of
pertidy and cruelty, which in 1754, and since, have dis-
o-racrd the Indians on the frontiers of these provinces,
even these by an uninterrupted intercourse of seventy
vcars, ha«l «m many occasions, given irrefragable proofs
of liberality of sentiment, hospitality of action, and
in-previous^'- that seemed to promise a continuation of
better things : But o£them enough at present.

Among

k. Witness the first reception of the English, the purchases after-
wards, their former undeviating candor at treaties in Pennsylvania,
and other incidents.

EJ tract of a. Letter from C. W. Indian interpreter of a neighbouring
government, to C. S. printer.

'I write this to give an account of what I have observed amongst
' the indians, in relation to their belief and confidence in a divine
' I'eing, according to the observations I have made from 1714, in
'time of my youth, to this day. If by the word religion, people
' mean an assent to certain creeds, or the observance of a set of reli-
'gious duties, as appointed prayers, singing, preaching, baptism, &c.
'or even heathenish worship ; then it may be said, the Five Nations
' and their neighbours have no religion ; but if by religion, we mean
'an attraction of the soul to God, whence proceeds a confidence in,
'and hunger after the knowledge of him ; then this people must be
'allowed to have some religion amongst them, notwithstanding their
'sometimes savage deportment. For we find amongst* them some
' tracts of a confidence in God alone, and even sometimes (though
'but seldom) a vocal calling upon him: I shall give one or two
'instances of this, that fell under my own observation.

'In the year 1737, I was sent, for the first time, to Onondago,
'at the ilesire of the governor of Virginia; 1 set out the latter end
'of February, very unexpectedly, for a journey of 500 English
'miles, through a wilderness where there was neither road nor
'path, and at such a time of year, when creatures could not be
'met with for food; there were a Dutchman and three Indians
' with me. When we were 150 miles on our journey, we came
'into a narrow valley, about half a mile broad, and thirty long,
'both sides of which were encompassed with high mountains, on
'which ihe snow lay about three feet deep; in it ran a stream of

'water
K

146 THE HISTORY

A. D. Among a people so immediately necessary to each

other, where property was little, and the anxiety of

increasing

'water, also about three feet deep, which was so crooked that it

* always extended from one side of the valley to the other;
'in order to avoid wading so often through the water, we
'endeavoured to pass along on the slope of the mountain; the
'snow three feet deep, and so hard froze on the top, that we
'could walk upon it: We were obliged to make holes in the snow,

* with our hatchets, that our feet might not slip down the mountain ;
*and thus we crept on. It happened that the old Indian's foot
'slipt, and the root of a tree by which he held, breaking, he slid
'down the mountain as from the roof of an house; but happily
'was stopt in his fall, by the string which fastened his pack hitch-
' ing to the stump of a small tree. The two Indians could not
'come to his aid, but our Dutch fellow traveller did; and that
'not without visible danger of his own life: I also could not put
'a foot forward, till I was help'd ; after which we laid hold of the
'first opportunity to go down again into the valley; which was
'not till after we laboured* hard lor half an hour, with hands and
'feet: We had observed a tree that lay di-ectly off' from where the
'Indian fell ; and when we were come down into the valley again,
'we went back about one hundred paces, where we saw, that if
'the Indian had slip'd four or five paces further, he would
'have fell over a rock one hundred feet perpendicular, upon craggy
' pieces of Rocks below. The Indian was astonish'd, and turn'd
'quite pale, then with out stretched arms and great earnestness, spoke
' these words, / thank the great lord and governor of this worl'l, in
1 that he has had mercy upon me, and has been willing that I should

* live longer ; which words I at that time sat down in my journal:
'This happened the 25th of March, 1737.

'The 9th of April following, while we were yet on the journey,
*I found myself extremely weak, through the fatigue of so long a
'journey, and the cold and hunger I had suffered; and there hav-
'ing fallen a fresh snow of about twenty inches deep, also being yet
'three days journey from Onondago, in a frightful wilderness; my
'spirit failed, my body trembled and shook ; I thought I should
'fall down and die; I step'd, aside, and sat me down under a tree,
'expecting there to die: My companions soon missed me; the
'Indians came back, and found me sitting there: I told them in
'one word, I would go no further, I would die there. They remained
'silent a while, at last the old Indian said, My dear companion, thou
' hast hitherto encouraged us, wilt thou- now quite give up? Remember
1 that evil days are better than good days ; for when we suffer much
(we do not sin; and sin will be drove out of us by suffering; but
'good days cfiuse men to sin} and God cannot extend his mercy to them /
lbut contrarywise, when it goeth evil with us, God hath compassion
fupon us.' These words made me ashamed; I rose up, and travel-
' led on as well as I could.

'The

OF NEW-JERSEY. 147

increasing it less; the intercourse naturally became A. D.
free and unfettered with ceremony : Hence every one
had- his eye upon his neighbour; misunderstandings
and mistakes were easily rectified. No ideas of state

or

' The next year I went another journey to Onondago, in cora-
'p.tnv with .Joseph Spanhenberg, and two others. It happened
'that an In<li;in carne to us in the evening, who had neither shoes,
'stockings, shirt, gun, knife, nor hatchet; in a word, he had
'nothing but and old torn blanket, and some rags, upon enquiring
'whither he was going? he answered to Onondago. I knew him,
'and asked how he could undertake to go a journey of three hun-
dred mil'1*, so naked and unprovided; having no provisions,
'nor any arms to kill creatures, for his sustenance? he answered,
'he had been amongst enemies, and had been obliged to save him-
< sell' l,y llight, and so had lost all. This was true in part; for he
'had disposed of some of Ifcis things amongst the Irish, for strong
'liquors. Upon further talk, he told me very ehearfully; that
c God fed every thing which had life, even the rattle-snake itself, the?
' it was a bad creature ; and that God would also provide in xuch a
'manner, that he should come alive to Onondat/o ; he knew for certain
''that he should go there; that it wast visible God was with the
' Indians in the wilderness, because they always ca*t their care upon
( lii ni; but that contrary to this, the' Europeans always carried bread
* with them. He was an Onondago, his name was Anontagketa:
'• The next day we travelled in company; and the day following,
' 1 provided him with a knife, hatchet, flint, and Under, also shoes
'and stockings, and sent him before me to give notice to the
'council at Onondago, that I was coming; which he truly per-
' formed ; being got thither three days before us.

' Two years ago I was sent by the governor to Shamokin, on
'account of the unhappy death of John Armstrong, the Indian
'trader: After I had performed my errand, there was a feast pre-
' pared, to which the governor's messengers were invited: There
'were about one hundred persons present, to whom (after we had
'in great silence devoured a fat bear) the eldest of the chiefs made
'a speech, in which he said, that by a great misfortune, three of
lt/it-ir brethren the white men, had been killed hy an Indian; that
' ntvertheUn thr. sun. was not .sr/, (meaning there was no war) it
'had ()>'>'» only somewhat darkened by a small cloud, which was now
1 dnn> • 'hat had dm, I' i'i-i/. in ix like to be punished, and the

'land to remain in pi-ace; therefore he exorted his people to
'thankfillnett to (;<><!; and thereupon began to sing with an awful
' suit innitv, but without expressing any words: the others accom-
'pmied him wiih their voices: After, they had done, the same
' Indian, with great earnestness, spoke these words, Thanks, thanks
1 b*- In tiff, tliou (jreat lord of the world, in that thou hast again
'caused the nun to uAine, and hast dispersed the dark cloud; the Indians
'are thine.'

148 THE HISTORY

A. D. or grandeur ; no homage of wealth, office, birth,
rank or learning ; no pride of house, habit, or furni-
ture ; very little emulations of any kind to interrupt ;
and so much together, they must be friends, as far at
least, as that term could be properly applied to them ;
this was general in some of the tribes: Attachments
of particulars to each other were constant and steady ;
and in some instances far exceeding what might be
expected. Companies of them frequently got to-
gether to feast, dance, and make merry ; this sweetned
the toils of hunting; excepting these toils, and the
little action before described, they scarcely knew any :
A life of dissipation and ease, of uncertainty and
want, of appetite, satiety, indolence and sleep, seemed
to be the sum of the character, and chief that they
aim'd at.

Notwithstanding their government was successive,
it was, for extraordinary reasons, sometimes ordered
otherwise; of -this there is an instance in the old king
Ockanickon, who dying about this time at Burlington,,
declared himself to this effect :

' It was my desire, that my brother's son lahkursoe,
' should come to me, and hear my last words ; for him
' have I appointed king after me.

' My brother's son, this day I deliver my heart into
* your bosom ; and mind me. I would have you love
' what is good, and keep good company ; refuse
' what is evil and by all means avoid bad company.

1 Now having delivered my heart into your bosom,
6 1 also deliver my bosom to keep my heart in ; be sure
' always to walk in a good path,, and if any Indians
' should speak evil of Indians or Christians, do not join
1 in it, but look at the sun from the rising of it to the
' setting of the same : In speeches that shall be made
' between the Indians and the Christians, if any wrong
' or evil thing be spoken, do not join with that ; but

'join

OF NEW-JERSEY. 149

* join with the good : When speeches are made, do not A. D.
< you spruk first; be silent and let all speak before you,

'and take good notice what each man speaks, and
' when you have heard all, join to that which is

od.

' />Vo///,r'x son, I would have you cleanse your ears,
' and take all foulness out, that you may hear both
'good and evil, and then join with the good and
' rcf'nso the evil; and also cleanse your eyes, that you
1 may see good and evil, and where you see evil, do
1 not join with it, but join to that which is good.

'Brother's son, you have heard what has passed;

1 stand up in time of speeches; stand in my steps, and

' follow my speeches; this do, and what you desire in

-on will be granted: Why should you not follow

' my example? I have had a mind to be good and do

* good, therefore do you the same : Sheoppy and Swam-
1 i»i* \\<TO to be kings in my stead, but understanding
4 by my doctor, that Sheoppy secretly advised him not
' to cure me, and they both being with me at John
e Hol/insliead's house, I myself saw by them, that they
' wore given more to drink, than to take notice of my
' \:\<\ words; for I had a mind to make a speech to
'them, and to my brethren, the English commission-
' er< ; therefore I refuse them to be kings after me, and

* have now chosen my brother's son lahkursoe in their
' stead to succeed me.

* Ili-othcrx son, I advise you to be plain and fair with
'all, both Indians and Christians, as I have been; I
•'am very weak, otherwise I would have spoken more/

After the Indian had delivered this counsel to his
nephew, T. Budd, one of the proprietors, being
•it, took the opportunity to remark, that there
?/vfx n </r«it CrW, 7r//o created all tilings; that he gave
inn,i tin nnil.-rsttnuHtir/ of what was good and bad ; and
(ifd-i- thix life n-mt riled the good with blessings, and the

bad

150

THE HISTORY

A.D.

1682.

bad according to their doings : He answered, it is very
true, it is so ; there are two ways, a broad and a straight
way ; there are two paths, a broad and a straight path ;
the worst and the greatest number go in the broad, the
best and fewest in the straight path. This king dying
soon afterwards, was attended to his grave in the Qua-
kers burial place in Burlington, with solemnity by the
Indians in their manner, and with great respect by
many of the English settlers; to whom he had been a
sure friend.

A large
ship with
passengers
to West-
Jersey.

CHAP. IX.

Another ship arrives at West- Jersey :. Proceedings of the
general assembly of West Jersey : Sir George Carteret's
death : Conveyance to the twelve eastern proprietors z
Their proposals and regulations in several respects ;
particularly in disposing of lands and building a town
at Ambo Point: The twelve proprietors each take a
partner, and thence are called the twenty -f our ; to
whom the D. of York makes a third and last grant :.
The twenty-four establish the council of proprietors of
East Jersey, on the footing it now is : A general view
of the improvements in East- Jersey, in 1682 : A com-
pendium of some of the first laws passed at Elizabeth-
Town: Doubts started whether the government of
West Jersey was granted with the soil: Jenings
continued governor of West Jersey ; and laws now
passed there.

IN the year 1682, a large ship of 550 tuns burthen
arrived at West Jersey, which got a-ground in
Delaware bay; where, after laying eight days, by a
favourable wind and tide, got off; and coming up the
river, landed her passengers> being three hundred and

sixty

OF NEW-JEESEY. 151

sixty in number, between Philadelphia and Burlington A. D.
on the Jersey shore; Their provisions being nigh gone,
they scut ten miles to an Indian town near Rankokus
creek, for Indian corn and pease : The king of this
tribe being then there, treated them kindly, and
directed such Indians as had provisions, to bring it in
next morning, who accordingly brought plenty;
which being delivered and put in bags, the messengers
took leave of the king; who kindly ordered some of
the Indians to carry their bags for them to their canoes.

The assembly of West-Jersey having, at their last Meetings
sitting, adjourn'd to the first of second month this year, wLt^Jer-
met ; but not being a full house, they adjourned to the se7 Assem-
fourteenth, and then dissolved themselves without doing
any business : Another being called, sat from the second
to the eleventh of the first month following ; the mem-
bers returned by the sheriff for the respective tenths, to
serve in this assembly, were, Thomas Olive, speaker,
Mahlon Stacy, Joshua Wright, John Lambert, Tho-
mas Lambert, William Emley, Godfrey Hancock,
Daniel Leeds, Thomas Wright, Samuel Borden, Robert
Stacy, Thomas Budd, Daniel Wills, sen. Thomas \
Gardiner, John Crips, John White, John Chaffm, Ber-
nard Davenish, Isaac Marriott, William Peachy, Wil-
liam Cooper, Mark Newby, Thomas Thackery, Robert
Zane, James Nevil, Richard Guy, Mark Reeves,
Richard Hancock, John Smith, John Pledger, Ed-
ward Wade, George Deacon, and Samuel Hedge :
Hitherto the members had been chosen by the electors
from all the tenths indiscriminately ; but this assembly
declared it their judgment, and the judgment of those
they represented, that the most regular method for
I n MTV inn; the liberty and property of the people by a
free assembly, was, that such of the ten proprieties,
as were now peopled, should each chuse ten representa-
tives (and the others also as they became peopled) and

resolving,

152 THE HISTORY

A. D. resolving, that twenty-four, the speaker one, should
make the quorum, they chose the council, justices,
commissioners for laying out land, and other officers.*-

This done, the governor, council and assembly,
passed sundry laws ; some of which were in substance,
that each of the ten proprietors should have liberty to
sell as far as five hundred acres of land, within their
respective tenths, or take such other expedient as they
should judge fit, for defraying publick charges, for
the tenths respectively; to which purpose, Mahlon
Stacy and Thomas Lambert were appointed within
the first or Yorkshire tenth ; Thomas Budd and Tho-
mas Gardiner, for the second or London tenth; Wil-
liam Cooper and Mark Newby for the third or Irish
tenth, and Samuel Jenings and Thomas Budd, within
the remaining six tenths :m- That the three pounds fine,
formerly imposed on such as sold rum or other strong

liquor

•I. Those now chosen were,

Councellors. Thomas Olive, Robert Stacy, Mahlon Stacy, William
Biddle, Thomas Budd, John Chaffin, James Nevill, Daniel
Wills, Mark Newby, Elias Farre.

Justices for Burlington. William Biddle, Kohert Stacy, Elias Farre,
Mahlon Stacy, John Chaffin, Thomas Budd, Benjamin Scott,
John Cripps, Thomas Thackery.
For Salem. James Nevill, George Deacon, Richard Hancock,

Edward Wade.

Commissioners. Elias Farre, William Biddle, Thomas Budd, Tho-
mas Gardiner, Mark Newby, James Nevill, Thomas Olive,
Robert Stacy, Benjamin Scott, William Cooper.
Sheriff for Burlington. John White.

For Salem. Thomas Woodrufie.

Provincial clerk and recorder, for Burlington. Thomas Revel.
For Salem. Samuel Hedge.
Surveyor. Daniel Leeds.

Constables for Yorkshire tenth. Robert Schooley, John Pancoast.
For London tenth. John Bourten, William Brightwen.
For the third tenth. Thomas Sharp.

TO. As for J. Fenwick, who own'd the other tenth, they seem
here to have left him to his own concerns.

OF NEW-JERSEY. 153

liquor to the Indians, should go one half to the A. D.
informer, the other to the publick stock, where
the offence was <riv< n ; and that every foreigner
offending herein, should forfeit five pounds, to be
disposed of in like manner: — That for the more con-
venient payment of small sums of money, Mark
NY why's coppers, called Patrick's half-pence,*, should
pass as half-pence current pay ; provided he gave secu-
rity to the speaker, for the use of the general assembly
for the time being, that he, his executors and admi-
strators would dm Mire them on demand, and provided
none were obliged to take more than five shillings in
one payment: — Tha^ for preventing clandestine and
unlawful marriages, justices should have power to
sok-mni/c them, the parties having first published their
intentions fourteen days in some publick place ap-
pointed for that purpose; any justice presuming to
marry without the consent or knowledge of parents or
trustees (if such consent could be reasonably obtained)
was to be fined at the discretion of the general assembly ;
of which marriage the register was to make publick
entry of the day it was solemnized ; the births of chil-
dren, and decease of all persons, were also to be entered
in the publick register of the respective tenths : and for
preventing differences between masters and servants,
where no covenants were made, all servants were to
1) ive, at the expiration of their service, according to
the custom of the country, ten bushels of corn, neces-
sary apparel, two hoes and an ax: — That all servants
of full age, wining into the province without inden-
tures, or other agreements, should serve four years,
from the ships entry, (to take which entries custom
hoii.-e ollieers were before appointed) and that all under
the age of one and twenty years, who came without

indentures

/*. Tin-si- wriv Irish half-pence, a parcel of which New by had
brought in with him.

154 THE HISTORY

A. p. ;.

1682. indentures, should within three months after arrival,
be brought to the court, in the district where the party
resided ; which court was to appoint the time of servi-
tude : — That for preventing deceits, lands should pay
debts, where personal estates were insufficient : — That
for encouragement of building a saw-mill, one thou-
sand acres should be sold to William Frampton, to
accomodate him with land for that purpose ; and more
as the governor and commissioners should judge con-
venient : — That for better settling and confirmation of
lands, six of the commissioners, with the governor,
should (where there was occasion) make an inspection
into such as were or should be taken up ; that on finding
these legally located, they might after publick notice in
the court, and no just reason .to the contrary, confirm
the same at the next court : — That there should be four
courts of session held at Burlington and Salem yearly :

That the twenty pounds formerly granted the

governor, the five pounds to the speaker, and the five
pounds to the clerk, should be raised by tax ; nine
pounds six shillings and eight pence by the Yorkshire,
London and Salem tenths each, and forty shillings by
the third tenth; the whole, being thirty pounds, was
to be delivered to Thomas Budd and Thomas Gardiner,
in skins, corn or money; and the remainder of the
two hundred pounds, formerly directed to be raised to
defray the charges of government, to be a debt due
from the other proprieties.

The Representatives of West- Jersey continued to be
annually chosen, 'till the surrender of the proprietary
government, in 1702.0- The council (who were

justices

o. In 1699, a law passed for reducing the number of represen-
tatives to ten lor each of the counties of Burlington and Gloucester,
five for Salem, and three for Cape May ; but this occasioning dissa-
tisfaction, was repealed, and the number enlarged as formerly, viz.
Burlington, 20. Salem, 10. Gloucester, 20. Cape May, 5.

OP NEW-JERSEY. 155

justices ex officio) justices of peace, and inferior A. p.
officers of government, were chosen by them; the
governor was appointed by the proprietors, who
governed them by a deputy, till the succeeding year ; •
when the assembly understanding, that Byllinge, for
some selfish reasons, inclined to turn Jenings out,
who hud hitherto been deputy governor, to the general
satisfaction of the governed ; they undertook, by
their choice, to continue him governor of the pro-
vince, pretending a right to do this, because in the
constitutions, power was given to six parts in seven
of the assembly, to make such alterations for the
public good, (the laws of liberty of conscience, of
property, of yearly assemblies, of juries, and of evi-
dence, excepted) as they found necessary; and that
no advantage might be taken of such judicial proceed-
ings, as had not been exactly agreeable to the con-
cessions, they confirmed and ratified them all.

About this time, the settlers in many parts were di-
stressed for food ; several got the chief of what they
eat by the gun ; which, as powder and shot were some-
times very scarce, was at best a precarious supply ,p«

Sir

p. Instances of their wants are many, and the supplies sometimes
unexpected; the family of John Hollinshead, who lived near Ran-
kokas, being unprovided with powder and shot, were in distress,
when Hollinshead the younger, then a lad about 13, going through
a corn field, saw a turkey ; throwing a stick to kill it, a second came
in sight; he kill'd both, and carried them home: Soon after, at the
house of Thomas Eves, he saw a buck; and telling Eves, he set
his dogs, who followed it to Rankokas river, then frozen; the
buck running on the ice, slid upon his side; the dogs seized it;
Hollinshead coming up with a kuife, eagerly jumped upon it;
the buck ros.- with him on his back and sprung forward, his feet
•preading asunder, slip'd gently down on his belly, and gave Hol-
l.nsheail a respite from danger, and opportunity of killing him:
By tlu-.-i- IIU-UMS two l';imilies were supplied with food to their great
joy. These, and such like instances, in a new settled country,
show, with the distress, the relief that sometimes unexpectedly
attends it.

156

THE HISTOKY

A. D.
1682.

Proposals
of the 12
proprie-
tors.

they take
12 part-
ners.

Sir George Carteret, sole proprietor of East-Jersey,
dying in 1679, by will, ordered that province to be
sold, to pay his debts ; which was done accordingly,?-
by his widow and executors, by indenture of lease and
release, bearing date the 1st and 2d of February,
1681—2, to William Penn, Kobert "West, Thomas
Rudyard, Samuel Groome, Thomas Hart, Richard
Mew, Thomas Wilcox, of London, gold-smith,
Ambrose Rigg, John Haywood, Hugh Hartshorne,
Clement Plumsted, and Thomas Cooper, their heirs
and assigns; who were thence called the twelve pro-
prietors : They being together so seized, in this year
published an account of their country, a fresh project
for a town, and method of disposing of their lands.7*-

Their plan was popular, and took much, especially
among the Scotch, of whom many had already arrived :
In this and some of the immediately succeeding years,
came many more : Among them was George Keith,
who some time after became surveyor general, and was
accounted very skilful in the business.

The twelve proprietors did not long hold the pro-
vince to themselves, but by particular deeds, took
each a partner; their names were, James Earl of
Perth, John Drummond, Robert Barclay, Robert
Gordon, Aarent Sonmans, Gawen Lawrie, Edward
Byllinge, James Braine, William Gibson, Thomas
Barker, Robert Turner, and Thomas Warne; these

with

q. His will is dated December 5, 1678, he devises to Edward
earl of Sandwich, John earl of Bath, Bernard Grenville, sir
Thomas Crew, sir Robert Atkins, and Edward Atkins, esq ; and
their heirs, among other lands, all his plantation of New-Jersey,
upon trust and confidence that they, and the survivors and survivor of
them, and the heirs and executors of the survivor of them, should
make sale of all the said premises ; and out of the money that should
upon such sale arise, pay and discharge debts, &c. as therein men-
tioned.

r. Vid. Appendix. Numb. iii.

OF NEW-JERSEY. 157

with the other twelve, are since called the twenty-four A. D:
prnjji'uiors : To them the duke of York made a fresh
grant of East-New-Jersey, bearing date the 1 4th of
, 1682. «•

Tli is was the duke's third and last grant of East-
:•'• >o«»n after whicli, the twenty-four proprietors,
by an iiistriiiiicnt under most of their hands, established
a council of proprietors ; and gave them power to ap- East-Jer-
point, oversee, and displace all officers necessary for cn>ot°pro-
the management of their property ; to take care of all prietors.
lands belonging to the general proprietors; to demise
them for terms of years, and to appoint dividends
thereof; to examine the rights of the particular pro-
prietors who demanded their shares of those dividends,
and to "-rant warrants to the surveyor general (whom
they ehnsi,' themselves) for the appropriating the quan-
tity of acres due to such share; to sue trespassers upon
the general proprietors land ; and in general, to manage
the ailairs, which relate to the said general proprietors :
This council always to consist of at least one third of
the general proprietors, or their proxies ; and to have
two general meetings yearly, at Perth- Am boy ; which
were held immediately after the supreme courts there, Time of
but lately altered to the first Tuesday in April, mid meetin8-
second in September. In this manner have the lands in
K -iM-.Irrsey been disposed: Since the purchase of tJie
twenty-four, the constitution as well as the management
continues the same.

The province of East New-Jersey being now well
settled for the time; its situation reduced to a general
view, from the accounts then published by secretary
Nicolls of New- York, appears to be thus :

Shrewsbury,

a. The grants being already in the hands of the publick, were
not thought necessary to be 'reprinted here: See grants, conces-
sions, <&e. published by A. Learning, and J. Spicer.

t. More full and express th;in any that went before.

158

THE HISTORY

A. D.

1682.
Shrews-
bury.

Middle-
town.

Wood-
bridge.

Shrewsbury, near Sandy-Hook, adjoining the river
•or creek of that name, was already a township, con-
sisting of several thousand acres, with large plantations
contiguous; the inhabitants were computed to be
about 400. Lewis Morris, of Barbadoes, had iron
works and other considerable improvements here.

Middletown was supposed to consist of 100 families ;
several thousand acres allotted for the town, and many
thousands for the several out plantations : John
Bowne, Richard Hartshorne, and Nicholas Davis,
had each well improved settlements here ; a court of
sessions was held twice or thrice a year, for Middletown
and Piscataway, and their jurisdictions : Several plan-
tations were settled on the north side of Rariton river,
below Piscataway; several also higher up Rariton,
and about the Falls ; among which John Palmer, of
Staten-Island, Thomas Codrington, John Robinson,
White and company, and Edsal and company, of
New- York, and capt. Corsen, had settlements: Some
land was likewise located by Millstone river, up Rari-
ton, supposed to be near the division line.

Woodbridge had several improved plantations in
it, and the country round; Delaplairs, the surveyor
general, was one of the settlers here : This town
claimed more privileges than others ; was incorporated
by charter, and had erected a court house and prison
(such as they were.) There were here about one hun-
dred and twenty families ;M- a large quantity of land in
the town, and for the plantations round, many thousand
acres; of which plantations there were several on the
north side of the river that divides Elizabeth-Town
and Woodbridge. At

u. From several erroneous compulations, first published in
Nicolls's account, hut here omitted, there may be some reason
•to doubt others: what is here left, appeared probable; but if
there should be thought any mistakes in names, number or situation ;
it must be remembered, that it is given only as Nicolls's account of

OF NEW- JERSEY. 159

At the entrance of the creek, on the north side, A. D.
called Carteret's Point, north of Staten-Island, were
other plantations, from Elizabeth-Town to the bounds
of New-York : Within Elizabeth -Town claim, was
a settlement in partnership between the proprietor
( 'arteret, and governor P. Carteret; the latter had
built a house and resided here; the town was supposed
to consist of one hundred and fifty families.

On the north of Milford or Newark river,z. is a large
tract belonging to Kingsland and Sanfoord: Higher
up the river, another to capt. Berrie; who dividing it,
several plantations were soon settled on it : Still further
up the river, an island belonging to Christopher Hoog-
land, of Newark ; aboVe that again, was a large tract
owned by Jacques Cartelayne, and partners; who,
now made some settlement: These tracts were within
the jurisdiction of Newark. Newark was then said
to be a compact town, consisting of about one hundred
families.

Near the mouth of the bay, upon the side of Over-
prook creek, adjacent to Hackinsack river, several of
the rich valleys were then settled by the Dutch ; and
near Snakehill was a fine plantation, owned by Pin-
horn and Eickbe; for half of which, Pinhorne is said
to have paid oOOl. There were other settlements on
llaekinsack river; and on a creek near it, Sarah
Kiersted of New- York, had a tract given her by an
old Indian sachem, for services in interpreting
between the Indians and Dutch, on which several
families were settled: John Berrie had a large planta-
tion, two or three miles above, where he then lived,
and had considerable improvements; as had also near
him, his son in law /SW///, and one Baker from Barba-
dos : On the west side of the creek, opposite to Berrie,

were
x. Second River.

160 THE HISTORY

A. D. were other plantations; but none more northerly.
There was a considerable settlement on Bergen point,
then called Constable Hook, and first improved by
Edsall, in Nicolls's time. Other small plantations
were improved along Bergen neck, to the east, be-
tween the point and a little village of twenty families:
Further along lived sixteen or eighteen families ; and
opposite New- York, about forty families were seated ;
southward from this, a few families settled together
at a place called the Duke's Farm; and further up
the country, was a place called Hobuck, formerly
own'd by a Dutch merchant, who, in the Indian
wars with the Dutch, had his wife, children and ser-
vants murdered by the Indians, and his house and
stock destroyed by them ;y- but it was now settled
again, and a mill erected there : Along the river side,
to the north, were lands settled by William Lawrence,
Samuel Edsal and capt. Beinfield ; and at Haversham,
near the High Lands, governor Carteret had taken up
two large tracts; one for himself, the other for An-
drew Campyne and company; which were now but
little improved : The plantations on both sides of the
Neck, to its utmost extent, as also those at Hackinsack,
were under the jurisdiction of Bergen town, situate
about the middle of the Neck ; where was a court held
by select men or overseers, consisting of four or more
in number, as the people thought best", chose annually
to try small causes, as had been the practice in all the
rest of the towns at first : Two courts of sessions were
held here yearly, from which, if the cause exceeded
twenty pounds, the party might appeal to the governor,
council and court of deputies or assembly.

Bergen

y. That there were such wars or skirmishes between the Dutch and
Indians, we see is confirmed by concurring accounts: See before a
note, p. 24, &c. and p. 64, 65.

OF NEW-JERSEY. 161

Bergen a compact town, had been fortified against A. D.
the Indians, contained about seventy families ; its inha- Ber en
KS chiefly Dutch, some of whom had been settled
upwards of forty years. Upon the whole there
at this time supposed to be about seven hundred
families titled in the towns of East-Jersey; which,
;iiino- live to a family, were three thousand and five
hundred inhabitants; besides the out plantations, which
were thought to contain half as many more, though
these could not be so well guessed at.

P. Carteret continued governor of East-Jersey after
the quiuty partite division, till about the year 1681. «•
His council in 1668, consisted of six, viz.

Nicholas Verlet, Ifobert Bond, Robert Vanquellin,

Daniel Pierce, Samuel Edsall, William Pardon.

The assembly then consisted of twelve; the first
members were,

Casper Steenmets, Baltazar Bayard, for Bergen.
John Ogden, sen. John Brackett, for Elizabeth-Town.
Robert Treat, Samuel Swarne, for Newark.
John Bishop, Robert Dennis, for Woodbridge.
James Grover, John Bound, for Middletown.
The salne for Shrewsbury.

The sessions were mostly held at Elizabeth-Town,
but sometimes at Woodbridge, and once .or more at
Middletown and Piscataway ; Some of the first laws
as published by the legislature at Elizbeth-Town,
were in substance : That persons resisting authority,

should be punished at the discretion of the court:

That

2. Hi* salary was generally 50 I. a year, paid in country pro-
duct, at prices fixed by law, and sometimes four shillings a day
besides, to di-t'iMv his charges while a session was held ; the wages of
th*» council and assembly during their sitting in legislation, was, to
each member three shillings a day : The rates, for publick charges
\vt -iv levied at two shillings per head for every male above fourteen
year< old.

L

162 THE HISTORY

A. D. That men from 16 to 60 years of age, should provide
themselves with arms, on penalty of one shilling for
the first week's neglect, and two for every week after :

That for burglary or high-way robbery, the first

offence, burning in the hand, the second, in the fore-
head, in both, to make restitution ; and for the third
offence, death: — For stealing, the first offence, treble
restitution, and the like for the second and third offence,
with such increase of punishment, as the court saw
cause, even to death, if the party appeared incorrigi-
ble; but if not, and unable to make restitution, they
were to be sold for satisfaction, or to receive corporal

punishment : That conspiracies or attacks upon

towns or forts, should be death: That undutiful

children, smiting or cursing their father or mother,
except provok'd thereunto for self-preservation, upon
complaint of, and proof from their parents or either

of them, should be punished with death: That in

case of adultery, the party to be divorced, corporally
punished or banished, or either, or all of them, as
the court should judge proper: That for night-
walking and revelling after the hour of nine, the
parties to be secured by the constable or other officer
till morning, and then not giving a satisfactory account
to the magistrate, to be bound over to the next court,
and there receive such punishment as should be inflic-
ted : That the meeting of the assembly should be

always on the first Tuesday in November, yearly, and
oftner, if the governor and council thought necessary ;
and that they should fix the governor's salary ; the
deputies of each town to be chosen on the first of
January, according to the concessions ; any deputy
absenting himself at such times, was to be fined forty

shillings for every day's absence : That thirty pounds

should be levied for provincial charges, i. e. 5 I. to be
paid by each town, in winter wheat at five shillings a

bushel

OF NEW- JERSEY. 163

bushel, summer wheat at four and six pence, pease at A. T).

1682
three shillings and six pence, Indian corn at three

shillings, rie at four shillings, barley at four shillings,
beef at two pence half-penny per pound, and pork at

three pence half-penny : That no son, daughter, maid

or servant, should marry without the consent of his or
their pan-nis, masters or overseers, without being three
times published in some publick meeting or kirk, near
the party's abode, or notice being set up in writing at
some publick house near where they lived, for fourteen
d:ivs before; then to be solemnized by some approved
minister, justice or chief officer; who, on penalty of
twenty pounds, and to be put out of office, were to

marry none who had not followed those directions:

That fornication should be punished at the discretion of
the court, by marriage, fine or corporal punishment;
and that no life should be taken but by virtue of some
law, and the proof of two or three witnesses.

There being doubts started, whether the government
of West New-Jersey, had been granted with the Doubts as
soil, and reports industriously spread up and down v°rnment
the province, as well as in England, to the pre- jf ^C8t"
judice of the possessors title, as they thought; the
nbly in the spring, this year, thought it their
business to obviate this, and other points, by unani-
mously resolving, as to the first, 'That the land
4 and government of West New-Jersey, were pur-
' <•!) :i>M(l together:' And that as to the question,
' Whether the concessions agreed upon by the pro-

* prie.ors and people, and subscribed in London and

* ^' - u'»-re agreed upon to be the funda-
( men! i!s and ground of the government of West-

. or not? Resolved in the affirmative,

.iue eontradieente: only John Fenwi«-k ex.-epted

' his tenth; which he said at that time was not under

'the

164 THE HISTORY

A. D. 'the same circumstances; but now freely consenteth
' thereto.*

Jenings was at this assembly chosen governor, as

hinted before,*- having hitherto acted as Byllings's

deputy : The commissioners and other officers of

Jenings. government, being also chosen, they severally took

their qualifications ;c- and having agreed, that the

governor

a. Proprietary records, secretary's office, Burlington.

b. He had for salary this year a right to take up six hundred
acres of laud above the Falls.

c. Respectively as follows.

I. Samuel Jenings, being elected governor of the province of
West-Jersey, by the general free assembly thereof, sitting at Bur-
lington, the eleventh day of the third month, in the year 1683,
do freely and faithfully promise (according to the best of my ability)
to act iii that capacity according to the laws, concessions, and con-
stitutions, as they are now established in the said province.

SAMUEL JENINGS, Governor.

The engagement and promise of the council elected by the assembly.
We underwritten being elected and chosen by the general free
assembly, members of council, to advise and assist the governor in
managing the affairs of the government, do solemnly promise every
one for himself, that we will give our diligent attendance from
time to time, and him advise and assist to the best of our skill and
knowledge, according to the laws, concessions, and constitutions of
this province; and do further promise not to reveal or disclose any
secret of council, or any business therein transacted, to the prejudice
of the public. Witness our hands the loth day of the third month,
Anno 1683.

Thomas Budd, Thomas Gardiner,

John Skeen, Henry Stacy,

John Gosling, James Nevill,

Thomas Olive, Elias Farre.

William Biddle,

The engagement and promise of the commissioners, justices, and other
officers, elected as aforesaid.

We whose names are hereunderwritten, being by the general
free assembly, chosen to officiate in our several trusts, commissions
and offices for the year ensuing; do hereby solemnly promise, that
we will truly and faithfully discharge our respective trusts, according
to the laws, concessions and constitutions of the said province, in
our respective offices and duties, and do equal justice and right to
all men, according to our best skill and judgment, without corrup-
tion,

OF NEW-JERSEY 165

governor should be chairman, or speaker ; that he A. D.
should sit as a member with them, and they together
with the council ; and that the chairman should have
a double vote ; passed sundry laws, among which was
the following.

' And whereas it hath pleased God, to commit this A West-

* country and province into the hands of such who 8 aw*
4 (for the generality of them) are fearing God, and

' painful and industrious in the promoting and irn-
' proving the said province; and for the better prevent-
' inir of such as are profane, loose and idle, and
' -camlalotis, from settling amongst us, who are, and
t will be, not only unserviceable, but greatly burthen-
' some to the province: It is therefore hereby enacted
' by the authority afc>resaid, that all person and persons,
' who shall transport him or themselves into this pro-
' vince, shall, within eighteen months after he or they

* shall arrive in the said province, procure and produce
' a certificate, under the hands of such of that religious

* society to whom he or they did belong, or other-
' wise from two magistrates (if procurable) or two
" con>tables or overseers of the poor, with three or
•' more creditable persons of the neighbourhood, who
' inhabit or belong to the place where he or they did
' la>t reside, as may give satisfaction (that is to say)
' that he or they came not clandestinely or fraudently
'away; and if unmarried, that he or she are clear
'from former engagements in that particular; and
1 al>o, that he or she are such as live soberly and honestly,
'to the best of their knowledge; and that no justice

shall

tion, favour or affection. Witness our hands this 15th of the
third month, 1-

Th i Una's Olive, Richard Guy, Andrew Wade, Andrew

William Biddle, John Gosling, John Skeen, Mah-
l<m Stacy, Thomas Olive, James Nevill, Francis Collins,
Thomas Hiidd, Thomas Gardiner, Mark Newby.

TlmniH- Ki-vi'll.
iS'/j »:/•//. Benjamin Wheat.
Surveyor. Daniel iLeeds.

166

THE H ISTORY

A.D.

1683.

shall presume to marry any such person or persons,
who shall come into this province, before such certifi-
cate be produced ; or that it be laid before the gover-
nor or two justices, and give them sufficient satis-
faction concerning their clearness ; and that all such
person and persons who shall settle in the said province,
and shall refuse or neglect to produce such certificate
as aforesaid, within the said eighteen months, shall
be fined at the discretion of the governor and council
of the said province, not exceeding twenty pounds ;
the same to be levyed by distress and sale on the
offender's goods, and to be paid into the hands of
the treasurer of the said province/

1683.

Kobert
Barclay
governor.

CHAP. X.

Robert Barclay appointed governor of East-Jersey ; and
T. Rudyard deputy: Letters from Rudyard, 8. Groome,
Lawrie and others, concerned in that settlement.

WE have seen that the Scotch had a considerable
share in the settlement of East-Jersey, many of
them and a number that arrived afterwards, fixed about
Amboy, and up Rariton : The twelve proprietors ap-
pointed Robert Barclay, (author of the apology)
governor for life ;d. and Thomas Rudyard, (a lawyer

or

d. His commission.

'The proprietors of the province of East- New- Jersey. To our
'trusty and well beloved fellow proprietor, Robert Barclay,
' sendeth greeting :

'Whereas the powers of government of the province of East-
' New-Jersey, is devolv'd upon us, and assigned to us, by James
'duke of York, will) power to constitute and appoint such governor
'and commissioners, for the well governing of the said province^
'as we shall see meet; and we having heretofore, out of the confi-
'dence we had of Robert Barclay, his skill, prudence and integrity,
'constituted and appointed him governor of the said province, to-
'appoint a deputy during his absence therefrom, to be approved

OF NEW-JERSEY. 167

or attorney in London, noted for his assistance at the trial A. D.
of Penn and Mead'-) deputy governor; which last
arrived at his government, the litter end of last, or
l)c_u:i nnin^ of this year: His account of the country
soon after his arrival, may not be unacceptable.

' Kast-.J« rsey, the 30th of the 3d month
1 Dear B. G. 'called May, 1683.

' To be as particular in my turn, were but thy
' dm- ; yet I cannot promise so much ; however I may
' o-ivo thee some jrcneral account of the province, and
'of our satisfaction with our present lot, the short
* time 1 have experenced this: But to give thee also,
iliou desires, a character of Pennsylvania, and
1 West-Jersey, that will be a task I must be excused to

' undertake

'by sixteen of the proprietors: Upon the same reason and confi-
' deuce, we do hereby confirm to him the government of the said
' province, during all the days of his life; as to have the power of
'the government of all the said province, and of all isles, rivers,
'islands and seas within the same, or belonging thereto; to do all
';ind every thing or things, which to the charge and office of a
'governor doth appertain; commanding all inferior officers to
' obey him as their governor, according to this our commission, and
'the powers hereby given him, and according to the laws and
'constitutions made or confirmed by us, or to be made; which he
'himself i* to observe and follow; as unto his duty and office doth
'appertain. And whereas we have agreed, and are satisfied, for
'(trtain good reasons and considerations moving us thereunto, to
'commit this trust unto him, and to give him this character,
' without laying any necessity upon him to repair to the said pro-
' vimv ; so likewise we have, and do hereby give him power, from
'time to time as need shall be, during his absence, to name and
'constitutes and grant commission, to a deputy governor to serve in
'the said province; he being always approved by sixteen of us the
1 unipru'tors, and following the orders he receives from us, accord-
' in- to tin- laws and constitutions of the said province.

•iiiven under the seal of the said province, and signed by our
'hand-; dated at London, the 17th of the fifth month called
'.July, in the year of our lord, according to the English account,

K. Han-lay died the third of October, 1690, and had continued
governor till 1685, when lor.l Neil Campbell, uncle to the D. of
Aix'yle, W;H appointed governor, and came over hither. — In
Io98, sir Thomas Lane was governor of East-Jersey.

e. Vid. the trial, and Sewel's hist. p. 504.

168 T H E H I S T O R Y

A. D. < undertake, lest I give offence, or at least bring me
' under censure as partial : Were I not concerned in
1 any. of the provinces, I might satisfy thy curiosity;
' but being chiefly interested in this, Til be very eau-
' tious meddling with my neighbours, more than here,
'one with another; so I may use my freedom with my
' neighbours, which they take not ill, but not write
'what may be taken otherways. They lie so near
' adjacent, that they may be said in a sense, to be but
' one country ; and what's said for one, in general may
' serve for all. I have been at Burlington, and at
'Pennsylvania, as far as Philadelphia; which lies
'about twenty miles below Burlington: That journey
' by land, gave me some view of all the provinces ;
'and made me considerably to estimate this, of East-
' Jersey, having some conveniences esteemed by
' me, which the others are not so plentifully furnished
' withal, viz. fresh and salt meadows, which now are
' very valuable ; and no man here will take up a tract
' of land without them, being the support of their
'stock in winter; which other parts must supply by
' store, and taking more care for English grass : But
' know, where salt marshes are not, there is no mus-
'ketoes, and that manner of land the more health;
' and this was often answered me, when I have been
' making comparisons. I must tell thee, their character
' in print, by all that reads it here, is said to be modest,
'and much more might have been said in it's com-
' mendation : We have one thing more particular to
' us, which the others want also, which is vast oyster
' banks, which is constant fresh victuals, during the
'winter, to English, as well as Indians; of these
'there are many all along our coasts, from the sea,
' as high as against New- York, whence they come to
' fetch them ; so we are supplied with salt fish at our
' doors, or within half a tide's passage ; and fresh fish
'in abundance, in every little brook, as. pearch, trout,
' eels, &c. which we catch at our doors. Provisions
' here are very plentiful, and people generally well
' stocked with cattle : New-York and Burlington have

' hitherto

OF NEW-JERSEY. 169

'hitherto been their market; few or no trading men A. D.
'being here in this province: I believe it hath been
' very unhappy heretofore, under an ill managed
'government; and most of the people are such who
' have been invited from the adjacent colonies, by the
'goodness of it's soil, and convenient situation: At
'Amhoy we are now building some small houses, of
' 30 feet long, and 18 feet broad ; fitting to entertain
'work'iien, and such who will go and build larger:
' The Drones lie exceeding well and good, up the Rari-
' ton river a tide's passage; and oyster shells upon the
' point, to make lime withal; which will wonderfully
' aecnmodate us in building good houses cheap, warm
' for winter, and cool for summer; and durable cover-
' ing for houses are shingles, oak, chesnut, and cedar;
have plentiful hei^ of all; the last endures a man's
' life, if he lives to be old : There is five or six saw-
' mills going up here this spring; two at work already,

* which abates the price of boards half in half; and
'all other timber for building; for altho' timber costs
' nothing, yet workmanship by hand, was London
4 pi-ire, or near upon it, and sometimes more; which
' tiii^c mills abate; we buy oak and chesnut boards no
'cheaper than last year: My habitation with Samuel
' Groome, is at Elizabeth-Town, and here we came
4 first ; it lies on a fresh small river; with a tide ships
' of 30 or 40 tuns, come before our doors. Through-
' out this town is good English grass, and bears a very
'g-iod burthen: We cannot call our habitations soli-
' tary ; lor what with the publick employ, I have little
' !<-> company at my house daily, than I had in George
' Yard; altho' not so many passes by my doors : The
1 people arc generally a sober professing people, wise
4 in their generation, courteous in their behaviour, and
'respectful to us in office among them : As for the

* temperature- of the air, it is wonderfully situated to
4 the ^humours. «,f mankind; the wind and weather
' rarely holding in one point, or one kind, for ten days

iher; it is a rare thing for a vessel to be wind
1 bound tor a week together, the wind seldom holding

'in

170 THE HISTORY

A. D. ' in a point more than 48 hours ; and in a short time
< we have wet and dry, warm and cold weather; which
' changes, we often desire in England, and look for
( before they come ; yet this variation creates not cold,
' nor have we the tenth part of the colds we have in
' England : I never had any since I came ; and in the
' midst of winter and frosts, could endure it with less
' cloaths than in England ; for generally I go with
' the same cloaths I used to wear in summer with you ;
' but warm cloaths hurt not. I bless the Lord, I never
' had better health, nor my family ; my daughters are

* very well improved in that respect, and tell me they
( would not change their place for George Yard, nor

* would I. People here are generally settled where the
' tide reaches ; and altho' this is good land, and well
' timbered, and plentifully supplied with salt marsh ;
1 yet there is much better land up higher on the river,
' where they may go up with small boats, where many
' now are settling. There's extraordinary land, fresh
' meadows overflowed in the winter time, that produces
( multitudes of winter corn ; and itrs believed will
' endure 20, 30, or 50 years ploughing, without inter-
' mission, and not decay : Such land there is at Esopus,
' on Hudson's river, which hath bore winter corn about
' 20 years, without help, and is as good as at first, and
' better. William Penn took a view of the land, this
' last month, when here ; and said he had never seen
' such before in his life : All the English merchants,
( and many of the Dutch, have taken, and are desirous
' to take up plantations with us : Our country here,
( called Bergen, is almost Dutchmen ; at a town called
' Newark, seven or eight miles hence, is made great
' quantities of cyder ; exceeding any we can have from.
' New-England, Rhode-Island, or Long-Island I

* hope to make 20 or 30 barrels out of our orchard
' next year, as they have done who had it before me ;
' for that, it must be as providence orders. Upon our
f view and survey of Aniboy point, we find it extraor-
' dinary well situate for a great town or city, beyond
( expectation ; at low water, round about the point,

'are

OF NEW- JERSEY. 171

'are oysters of two kinds, small as English, and A. D.
'others two or three mouthfulls, exceeding good for

roasting and stewing; the people say, our oysters are

'irood, and in season all stinnner; the first of the third

' month I eat of them at Amboy very good :

' The point is good lively land, ten, some places

'twenty f<>(>t above the water mark. About it are

'several coves, where vessels may lay up conveniently;

it ships of any burthen, may all ride

' hrfoiv the town, land lock'd against all winds; there

1 Rariton river runs up, or rather down 50, far larger

' SOUK- say 100 miles, for small boats. I saw several

' vines upon the point, which produces, as they say,

' <n>o«l Crapes in their season; this country is very full

them; but being not present profit, few regard

1 them more, than to pick them as they lay in their

' wav, when they are ripe. We have store of clams,

' esteemed much better than oysters ; on festivals the

1 Indians feast with them ; there are shallops, but in

1 no great plenty : Fish we have great store, as our

' relation sets forth ; but they are very good when

' catch'd (as the proverb is.) I have several barrels by

' me now, which are good for our table, and for sale.

' I brought a sea net over with me, which may turn

* to good account; sea nets are good merchandize

' here ; mine cost me about four or five pounds, and

' can have twenty pounds for it, if I would sell it now.

' I may write of many such matters in our province,

' which may invite persons here ; but so am resolved

to conclude, knowing that in probability, there is not

an industrious man, but by God's blessing, may not

only have a comfortable, but plentiful supply of all

things necessary for this life ; with the salutation of

my true affection to all, &c. I rest

t thy affectionate friend,

THOMAS RUDYARD.

Samuel Groome, one of the proprietors, and surveyor
general of East-Jersey, also wrote to his fellow pro-
prietors, as follows.

East-

172 THEHISTORY

A. D. East- Jersey, the llth of August,

1683. 1683.

f Friends and fellow proprietors.

' Since my last I have now sounded the channel from
' Ainboy to Sandy-Hook, and find it to be a broad and
' bold channel, in no place less than three fathom
'at high-water, in ordinary tides four, or five, or six
' fathom except in one short place : Rariton river is a

* good river, and hath a good tide of flood overpower-
' ing the freshes about thirty miles above Amboy ; after
'it's flood, the tide hath no force against the freshes,
' which come out of several branches of Rariton, and
'joins in one, forty or fifty miles above Amboy. I

* have spent a considerable time in making discovery :
' I have not as yet, had time to lay out much land for
4 you, only about seventeen or eighteen thousand acres
'in one tract, good upland, near Elizabeth-Town.
' I have now seen the tract of land against or nigh
' Amboy point, formerly laid out by Vanquillin ; it

* is on the west side of a creek called Chingerorus, about
( eight thousand acres, and I intend shortly to lay as
4 much, or twice as much more to it; but first we must
' talk with the natives about that, and other tracts of
' land, that they are not yet paid for : The last day of
' this month is appointed to treat with several Indians,
4 to buy several exceeding good tracts, nigh the head
' of Rariton.

' The tenth of next month is also appointed to treat
4 with other Indians, to buy other tracts of choice
4 meadowing and upland, that lieth about twelve or
4 thirteen miles up into the country, which I have seen ;
'and when we have accomplished these two things, we
4 shall be able to lay out for you much land ; and when
4 I have been up in the country towards, and at Barna-
'gat, and agreed with the Indians thereabout, for such
' land as we may see occasion to purchase presently, in
4 order to a settlement there ; for here are many both
' of New-England, New- York, and some parts of this
' province, stands ready to sit down in that part of the
'country, not only for the sake of the good upland

* and meadows, which report saith is much thereabout,

'but

OF NEW-JERSEY. 173

' but also for the sake of the whale trade, and other A. D.

1 fishing trade, which is like to be there shortly: New- 1683<

' Kugland-men and others, were a tampering with the

' Indians, to have purchased there, before ami since we

'runic; but now they are out of hopes of coming in

'at that door; so now they make their addresses to us,

'and would have us to purchase and let them conic in

'our tenants; or othcrways as we may agree: I intend

M<> attempt these things this fall: I have not been

' much on the south side of Rariton, only upon some

' upland at several places, and upon the tract of eight

' thousand three hundred and twenty acres of yours

' aforementioned, and also on the meadowing that lies

' on the south side of Rariton above Am boy, a year or

'two since purchased of the Indians, in the name of

' Dame Carteret, though it was never intended for her ;

' nor for any proprietor; but as it fell out, they qunr-

' relied about disposing and sharing thereof; so it is now

' without controversy yours. Now know, that Rariton

' river is accommodated on both sides with salt and fresh

'meadows; salt as far as the salt sea water flows, or

' predominates; and fresh above, as the river Thames :

' We have above three thousand acres of meadowing

' butting on the river ; I hope it will never hurt Amboy

'town: Besides, report saith, that the upland next

'adjoining to this meadowing, beginning over against

'Amboy, and so up ten or twelve miles, to a river

' that strikes out of Rariton south, and is called South

' River, is but mean land.

' It may be well, if you would agree to take each
'one a twenty fourth part of lauds as" we lay them out,
' whether it be more or less, or else take five hundred
'acre lots, and let these lots be cast when twenty four
' times five hundred acres is laid out ; and where we
4 can make greater lots, we may We have now got up
'three houses at Amboy, and three more ready to be
' set up, but workmen are scarce, and manv of them
' base ; the best will work but when they can spare
' time out of their plantations : If no help comes, it will
' be long e'er Amboy be built as London is ; housing

' will

174 THE HISTORY

A. D. 'will bring a trade to that place: The Indians come
' thither to get fish, fowl, oysters, clams, mussels,
' &c. (as people go to market for things they want)
' and these Indians bring at seasons, great quantities of
' skins down Rariton, so by Amboy and to New- York ;
' where they have a continual supply of things they
' want.

' Well, here is a brave country, the ground very
1 fruitful, and wonderfully inclinable to English grass ;
'as clover, &c. It predominates over the more wild
' grass, very little barren, much dry upland, and good
' meadow : Some fenny, swampy land, and small run-
' ning brooks and rivers, throughout all the parts of

* the country I have seen ; and these fenny and
f swampy lands bear great burdens of grass ; in short,
' the land is four times better than I expected. We
' must needs be out of some money at present to pur-
' chase lands of the Indians, but that will be soon got
' in with profit, as people come to inhabit and take up
' land, and pay, as always they have done, their part of
' purchase from the Indians : Here is great talk of the
1 braveries of the place and land : Barnagat I intend
' to see shortly after the season is fitting to go by land
' and water to it ; I intend to go by water in a sloop, to
' see how convenient it is by water, and from thence

* come by land ; so then I shall tell you more : Ye must
' expect to be at charges for doing these and such other
' things : I purpose shortly to write to, and demand
1 of all places the quit rents and arrears ; they generally
' say they will pay : Capt. Berrie is two or three Imn-
f dred pounds behind in arrears, as is said ; because

* his case differs from others a little, I'll (God per mi t-
( ting) begin with him first of all about his rent, &c.
' and either have rent, or land : What you write con-
' cerning building and repairing, shall be observed : I
1 wish I were fairly rid of all the goods I have of yours,
'and my own, at twenty eight per cent, excepting such
1 as are for the Indian trade : These parts of America
' are accommodated with English goods ; nevertheless

* when I pay workmen and labourers, I pay them goods

' rated

OF NEW-JERSEY. 175

* rated cent, per cent. New- York money ; but then A. p.

* I must pay them two or three parts silver ; which I

* procure with goods as well as I can.

' The houses at Amboy are thirty feet long, and
4 sixteen wide, ten feet betwixt joint and joint, a
4 double chimney made with timber, and clay as the
4 manner of this country is to build, will stand in
4 about fifty pounds a house; this pay procured here for
4 twenty live in goods the first cost. I shall make you

* no return this year, seeing we are about purchasing

* an 1 surveying; all which will run out money in this
4 place, where men are so scarce to be had; on such
1 accounts, I must as well as I can, turn your goods

* into money, provision and goods for Indians, I have
' laid out Amboy into one hundred and fifty lots, and
' have sent home a draught of it.

S. GROOME.

Gawen Lawrie arriving this year deputy governor
of East- Jersey, under Robert Barclay, chose a fresh
council ; Richard Hartshorne one of them : There
having been considerable disturbances in the province,
especially about Middletown and Woodbridge, relating
to town affairs;/- their prudent conduct contributed
to the quiet of the province : The two following letters,
wrote soon after Lawrie's arrival, contain, as well his
sentiments of the country, as some of the principal
transactions of those times.

Gawen Lawrie, to the proprietors at London.

Kliziilu'ih-Towii, 1 Month 2d, 1684.

' I took up several days with countrymen, and
' others, to view the ground and water ; at last I
' pitched upon a place, where a ship of 300 tun may
' ride safely within a plunk length of the shore, at low
' water ; adjoining thereto is a piece of marsh ground,

' about

/. In one of these disturbances, Lewis Morris, afterwards
overnor of New-Jersey, k-ing a party, wax taken prisoner and
onfiu'd in a log house; his partizans prized up the logs high enough
or hi in to creep out.

176 THE HISTORY

A. D. < about twelve perches broad, and twenty perches

1684. t \OQgy an(j hjgh. land on each side like our keys by

( London bridge ; this may be easy cut quite round,

* for small vessels to come to the key, and lie safe ; round
' this island I set out lots one acre apiece, viz. four
' pole at the key, and forty pole backward ; from
t thence along the river near half a mile : I laid out
' the like lots very pleasant for situation, where they
' can see the ships coming in the bay of sandy hook,
' for near twenty miles ; the ships may ride along by
' the town, as safe as at London, just at the point by
1 the town : Kariton river runs up by the country, a
' great way ; there boats of forty tuns may go ; and
1 the river by the town, goes to New- York, Hudson's
' river, Long-Island, Staten-Island, and so to New-
' England : There is no such place in all England, for
' conveniency and pleasant situation ; there are sixty lots
1 upon the river, and forty backward between those and
' the river; and those backward, have a high way 100
' foot broad ; where I have laid out a place for a mar-
' ket, with cross streets from the river to the market ;
' where the town houses are to be built : When this
' was done, I laid out 400 acres, to be divided into

* forty-eight parts, viz. thirty-six to each proprietor ;
1 and those who have lots in the town, I grant them
' half lots in this ; to pay for the lots in the town,
' twenty pounds ; or if a half lot of thirty-six acres,
' forty pounds. I laid 400 acres to lie until the
4 proprietors agree to divide it, as people comes over.
' There is sixteen lots taken up by the Scotch proprie-
1 tors ; and eight lots by the proprietors that are here :
' There are twenty lots taken up in the town, by other
1 people. I engage all to build a house of thirty feet
' long, and eighteen broad, and eighteen feet high to
' the raising ; to be finished within a year ; to pay for
' laying out, forty shillings a lot, and four pence per
1 annum, quit-rent ; There are several begun already
1 to build. I have laid out forty or fifty acres for the
' governor's house : The highway and wharff, between
' the river 100 feet broad ; and to leave a row of trees

' along

OF NEW-JERSEY. 177

' along upon the river, before the houses, for shade and A. D.
{ shelter, exceeding pleasant. I have agreed for two
' houses of like dimensions, to be built for the pro-
( prietors ; and also a house for the governor, of
'sixty-six feet long, and eighteen broad; if the quit
1 rents come in, I intend three or four houses
'more, for the proprietors: I can easily let them.
'This work took me up five weeks: After I had
' finished it, I set the people to work, Scotish
* and English, about fifty persons; some preparing
< for building, others to clearing ground to get corn
Sown this spring: Then came in a boat privately
'to Elizabeth-Town the 12th past: Next morning
f I went to New York to visit the governor ; staid
' there two or three days; he was very kind, and
' promised a fair correspondence ; so I did not publish
' my commission utitil this day, before the council ; .
' they have been kind and courteous. Now is the
' time to send over people for settling; there are 30,000
' acres of land in several places, belonging to the pro-
prietors, formerly taken up by Carteret: So here
4 is land enough. The Scots and William Dockwras
' people coming now and settling, advance the pro-
"vince more than it hath been advanced these ten
'y«iars: Therefore proprietors, send over some families
1 and servants; I shall presently set them out land, and
' it will bring them in considerable profit, in a
' few years : Here wants nothing but people. There
t is not a poor body in all the province, nor that wants ;
1 here is abundance of provision ; pork and beef at
' two pence per pound ; fish and fowl plenty : Oysters
' I think would serve all England : Wheat four shil-
' lings sterling per bushel ; Indian wheat two shillings
'and six pence per bushel; it is exceeding good for
' food every way, and two or three hundred fold in-
' crease : Cyder good and plenty, for one penny per
'(jiiart. Good drink that is made of water and mo-
' ia>ses, stands in about two shillings per barrel,
' wholesome like our eight shilling beer in England :
' Good vennison plenty, brought us in at eighteen

M ' pence

178 THE HISTORY

A. D. < pence the quarter : Eggs at three pence per dozen ;

1684* ' all things very plenty ; land very good as ever I
'saw: Vines, walnuts, peaches, strawberries, and
'many other things plenty in the woods. The pro-
prietors have 150 or 200 acres, three miles from
4 the town, up Rariton river salt marsh, where I

* intend to let the people of Amboy cut grass for hay
' until we otherwise order it by lots to them : I
4 reckon there is laid out for the town, governor's
' house and publick highways, near or about

< 200 acres; so there rests 1800 acres. I laid out

< 400 acres, as I said ; the rest to lie in common
' until divided : I have put two houses in repair, upon

< the river, called the point, two miles from Elizabeth
' Town ; have let one of them, with ten acres of

< pasture ground, and ten acres of woody ground, for

< seven years, at twenty-six pounds per annum ; the

* man to clear the ten acres of woody ground, and

< make it fit for ploughing or pasture. I intend to let

* the other also, with some land : All the houses were

* like to drop down ; all the land lying without fence ;
/and a barn quite fallen down, and destroyed;

' another without any cover ; and that other next to
'the house where I dwell, all to pieces; and all the
1 fences and out-houses were down, but repaired- before
' I came. I am setting up a ferry boat at Perth, for
' men and horses, to go and come to Burlington and
' Pennsylvania, and New- York : Also I am treating
' with one, to set up a house midway to Burlington,
' to entertain travellers, and a ferry boat to go to New-
' York ; all which is for promoting Perth, that being
' the center: Also you should give me power to set out
' a line, between the governor of New- York and us ;
' he calls on me for it, because several plantations on
f the river are settled, and we know not yet on what
'side they will fall; so I cannot at present mention all

* particulars, which you must supply, by some general
' clauses or words ; for it is not possible for you to
' understand what is for the good of the province, as I
' do, that am here ; and be not sparing to send over

' people,

( ) i - N K \V - J K R S E Y .

179

* people, it will bring you it again, with large profits;
' for here is a gallant plentiful country, and good land.
' I have given you a large account of the little time I
' have been here : I have none to write for me, but

* you must send a copy of this to Scotland ; and with
' it your further instructions, to be signed and sent
'me forthwith: I will be bound till it come; I rest
' your friend, sic subscribitur,

GAWEN LAWRIE.

The same to a friend in London.

' P^ast-Jersey, 1st month 26th, 1684.

' I promised to write but had not time till now ; I
' shall give thee a brief account of the country, no fiction,
' but truth : It is beyond what I expected ; it is situate

* in a good air, which makes it healthy ; and there is
' great conveniency tfor travelling from places through
4 and about the province, in boats from a small canoe,

* to vessels of thirty, forty or fifty tun, and in some
' places one hundred in the bay coming up to Amboy-

* point, where the town of Perth is now in building,
'a ship of three hundred tun may easily ride close
' to the shore within a planks length of the houses of
' the town, and yet the land there, nor other in the
' province is not low, swampy, marshy ground, but
' pretty high ground, rising from the water side at
' Amboy-point. The bank of the river is twenty
' foot, iii some places thirty, and in some forty foot
' high, and yet hath many conveniences for landing
' ^-oods : The soil is generally black, in some places a
1 loot deep, l>enreth great burdens of corn, and
' naturally bringeth forth English grass, two years
' ploughing the ground is tender, and the plough-
' injr is very ea-y : The trees grow generally not
' thick, but some places ten, in some fifteen, in
'MHMC twenty-live or thirty upon an acre; this I find
' generally, hut in some particular places there is one
'hundred upon an acre ; but that is very rare: The
1 trees are* very tall and straight, the general are oak,

' beech,

A.D.

1684.

180 THE HISTORY

A. D. ' beech, walnut, chesnuts and acorns lie thick upon
' the ground, for want of eating ; peaches, vines,
' strawberries and many other sorts of fruit grow com-
1 monly in the woods ; there is likewise gumtree, cedar,
' whitewood like our fir tree, walnuts, chestnuts and
' others lie thick on the ground ; there is great plenty
1 of oysters, fish, fowl ; pork is two pennies the
1 pound, beef and venison one penny the pound, a
' whole fat buck for five or six shillings; Indian corn
' for two shillings and six pence per bushel, oats twenty
' pence, and barley two shillings per bushel : We have
' good brick earth, and stones for building at Am boy r
' and elsewhere : The country farm houses are built
' very cheap : A carpenter, with a man's own servants,
' builds the house ; they have all materials for nothing,
' except nails, their chimnies are of stones ; they
' make their own ploughs and carts for the most part,
( only the iron work is very dear : The poor sort set
' up a house of two or three rooms themselves, after
' this manner ; the walls are of cloven timber, about
' eight or ten inches broad, like planks, set one end to
1 the ground, and the other nailed to the raising, which
' they plaister within ; they build a barn after the same
1 manner, and these cost not above five pound a piece ;
' and then to work they go : Two or three men in one
' year will clear fifty acres, in some places sixty, and
1 in some more : They sow corn the first year, and
1 afterwards maintain themselves ; and the increase of
' corn, cows, horses, hogs and sheep, comes to the land-
' lord : Several merchants of New-York have left their
' several plantations there, to come to East-Jersey, two
' or three may join together, with may be twelve, fifteen
1 or twenty servants, and one overseer, which cost them
' nothing for the first year, except some shoes, stock-
1 ings and shirts : I have been to see these plantations, and
' find they have a great increase by them, they rnain-
' tain their families at New- York with all provisions, and
1 sell a great deal yearly ; and for servants, our English
' people are far better husbandmen than the 'New-Eng-
* landmen ; the servants work not so much by a third

OF NEW-JERSEY. 181

* as they do in England, and I think feed much better ; A. D.
for they have beef, pork, bacon, pudding, milk, but-

ter and good beer and cyder for drink; when they are

out of their time, they have land for themselves, and

generally turn farmers for themselves : Servants wages

an- not under two shillings a day, besides victuals; and

4 at Amboy-point two shillings and six pence per day :

1 At Amboy we have one setting up to make malt, but

' we want a brewer; I wish thou would send over some

4 to set up a brewhouse, and a bakehouse to bake bread

1 and bisket ; for a bisket maker we must have, to vend

4 our meat to the plantations : Send over some hus-

' bandmen and country fellows that plough, sow, reap,

1 thresh, and look after cattle; a carpenter or two, and

4 1\ smith for ploughs, and horses; and a cooper which

* we want very mt.\ph : If thou will send a dozen of

* servants, most of them countrymen ; I will set thee out
' a gallant plantation of five hundred or one thousand
' acres, on a river side ; but thou must send over some
' goods to stock it withal : I desire thee to encourage
'some of our friends, especially the proprietors, to
' send over some servants to stock some land ; and when
4 they have cleared it, if they have a mind to let it,
i here are tenants to take it, and if they will sell it,
' here are also purchasers : There is one man since I
'came here, sold his plantation for fifteen hundred
'pound; the whole was sixteen hundred or eighteen
4 hundred acres, whereof only one hundred and twenty
4 aeres were cleared ; upon which he had a house, gar-
' d'-n, and orchard, and barn planted : I know several
4 men who let cleared land at six shillings and eight
'pence, and at ten shillings the acre, yearly rent ; which
4 is a good encouragement for sending over servants to
'' plant : I write not this as an idle story, but as things
' really and truly are : I have sent for servants myself
4 to settle a farm ; for if the proprietors will not do so,
' I Bee not what they can expect. The Scots have taken
4 \\ right course, they have sent over many servants,
( and are likewise sending more; they have likewise
' sent over many poor families, and given them a small

'stock;

182 THE HISTORY

A. D. < stock ; and these families, some for seven, some for

* ten years, give the half of their increase to the land-
' lord, except the milk, which the tenant hath to him-
' self. I have set them out land and they are at work :
' I believe they will have forty acres cleared this spring
' and this summer : I am to set them out more, so that
' in a short time they will have a great increase coming
' in : This will raise the price of the land here, and is
' the reason that several from New- York bounds come to

* me to take up land, for they believe now this province
' will be improving, and our land is better than theirs ^
' that every proprietor's sending over ten people, will
'also be a great advantage to himself; encourage others
' to take up land and bring all the division that hath been
' here, to an end ; for these men seeing that they shall
' be ballanced, are already more compliant than they
( were ; now I have laid these things before thee, and
' desire thee to impart them to some of the proprietors
' and other friends, that they may consider of the same.
' I am thy loving friend, sic subscriptur.

GAWEN LAWRIE.

From John Barclay, Arthur Forbes, and Gawen
Lawrie, to the Scots proprietors, of the same date.

( Knowing you expect from us an account of this
'country; we have for your encouragement, and for
' the encouragement of all our country-men, who
' may be inclineable to come into this country, given
'you this brief and true account of it, according as-
' we have seen and are credibly informed ; for having
' seen little, yet save the winter season, we must
' write what is to be seen in summer upon information,
'which we have just ground to believe to be true;
' because whatever we have seen already in it (notwith-
' standing all we heard of it before we came) surpasses
'our expectation in many things. The air in this
' country is very wholesome, and though it alters sud-
' denly, sometimes being one day hot and another cold ;
' yet people are not so subject to catch cold or be distem-
'pered by it as in. our country of England. The

'• land

OF NEW-JERSEY.

183

land lies for the most part pretty high, but on the
river and creek sides, are many meadows which lie
low, from which the country people get their hay,
whereby their stocks are maintained in the winter
season. Provisions here are plentiful and cheap ; there
is beef, pork, venison, mutton, fowl and fish, abun-
dance to be had at easy rates ; and for drink
they have good beer and cyder ; and those that are
desirous, may have wine of several sorts and other
kinds of strong liquors; so that we see little wanting
that a man can desire ; and we are here sure that a
sober and industrious people might make this a rich
country, and enrich themselves in it; especially
poor people, who are hard put to it to gain bread at
home, notwithstanding the excessive labour ; for
we see that people here want nothing, and yet their
labour is very small ; they work not so hard by one
half as the husbandmen or farmers in our country ;
and many of these who have settled here upwards of
sixteen years, have lived upon the product of the
land, they cleared the first two years after they
came (and cleared none since) which produceth not
only corn to maintain their own families, but sell
every year ; and the increase of their bestial, whereof
they have good store of several sorts ; cows, oxen,
horses, sheep and swine, yields them other provisi-
ons, and to sell besides ; yet there be some more
industrious among them, who have continued clear-
ing and improving land ; and these have got estates,
and would not sell their plantations for several hun-
dred pounds. We have been lately up a little way on
the Rariton river, but xcould not go so far as we
intended, being prevented by rainy weather ; but so
far as we went, was very rich land, and yet that
above it is said to be richer; a great deal of it is
naturally clear of wood, and what is not so, is easily
cleared, the trees being but small and at a good
cliManee from one another; so that the land yet
untaken up, so far as we can understand, is easier to
dear, than that which is taken up. The towns that are

' already

A. D.

1684.

184 THE HISTORY

A. D. ' already seated, being in woodiest places: The
l84' 'merchants in New- York, both Dutch and English,
'have many of them taken up land, and settled plan-
' tations in this country ; and several from that colony
( are desiring to come and take up land among us ;
' though they might have land in their own colony
' without paying quit-rents. The wood here is not so
1 hard to clear as many think, they do not pull it up
' by the roots, but cut them about a foot or more from
' the ground, and one man may cut down many in a
' day ; four of our men the first day they began, cut
'down seventy the best trees they could find fit for
' building : there are not many of great trees, but
'straight and tall, and there be many sorts, oak,
' walnut, chesnut, cedar, poplar, gum-trees, firrs,
' pines, birch and beech, and other sorts, which we
' remember not at present. There are many good
' orchards of fruit trees, and they make abundance of
' good cyder, especially at one town called Newark,
' which is esteemed at New- York and other places,
' where it is sold beyond any that comes from New-
' England : There are peaches and vines grow wild
' about the river sides, which in season bear good fruit,
' and grapes ; and there are strawberries over f all the
' woods, and many other kind of good fruits,' and at
' A in boy point and several other places ; there is
'abundance of brave oysters; there will be many
' houses built there quickly, for many have taken up
' lots, and all that have taken are obliged to build
' within a year : There is good encouragement for
' tradesmen to come over ; such as carpenters, masons,
'and bricklayers, for they build not only of wood,
' but also of stone and brick ; yet most of country
' houses are built of wood, only trees split and set up
' one end in the ground, and coverings to their houses,
' are mostly shingles, made of oak, chesnut and cedar
' wood, which makes a very neat covering ; yet there
' are some houses covered after the Dutch manner, with
' panticles. The towns are all settled upon rivers
' where vessels of thirty or forty tuns may come up to

« their

OF NEW-JERSEY. 185

' tlieir doors, and the out plantations generally upon A. D.

some brook or rivulets, which are as plenty here

as in our own country, and curious clear water, and

in many places are good spring wells, but in the

to \vns every man for the most part has a well digged

on his own land : Among all the towns that are

settled, none lioth so convenient for trade as New-

' Perth ; for ships of great burden may come up

1 close to the houses,' and may come up in any time in

' the winter : There came a ship of three hundred tuns

' in there this winter, in the hardest frost we, had and

4 lay hard by the town, so near that she was tied to a

1 tree. The land here brings forth most sorts of Eng-

' lish grain, and great increase ; wheat, rie, barley,

'oats and other sorts of <rrain, such as Indian corn,

' which is very good and wholesome kind of grain ;

( and also Imck-whcat ; and those corns are to be had

' at easy rates, either for money or goods, and those

1 that have not money or goods may have abundance

' for their work : We shall now answer as far as we are

' ;-;i; >.'Me, your queries.

' To the first we cannot positively give an account
( of the whole length and breadth of the province ;
' but we are informed that it is a great deal broader
' than ye expected ; for those that have travelled
' from the extent of our bounds on Hudson's river,
' straight over to the Delaware say it is 100 miles
' or upwards ; we shall know that certainly after a while ;
' for the line betwixt us and New- York, is to be run
'straight over to Delaware river, about tljree weeks
'hence; aud after that the line betwixt us and West-
' .Jersey ; after which we shall be able to give a true
'account of the bounds of that province.

' 2. When the bounds is so exactly laid out, we can
'the easier o-uess at the number of acres, and by that
' time may be able to give an account what number of
'acres is already taken up; but there is no fear of
' want of land.

' •">. The quantity of meadow ground, we cannot
'determine, having travelled as yet, but little in the

' province

186 THE HISTORY

A. D. < province ; but the way we have travelled there is
( mea(jow jn abundance, both on the water sides and
' on the upland.

' 4. There is also other good ground in some places,
' great quantities free of wood, which is fit either for
6 corn or grass ; and the ground all over brings forth

* good English grass naturally, after it is ploughed.

1 5. There are also commons upon the country, but
' what quantity we cannot tell ; there is little kept in
e them save wild horses, which the people take up
v * when they have occasion : there is also land fit for
' pasturage for sheep ; and tjiere is sheep in the coun-
' try, but what number the ablest planters have we
' know not, but some we see have good flocks.

' 6. An exact map of the country is not yet drawn,
' nor can you quickly expect it, for it will take up a
' great deal of time, charge and pains to do it.

' 7. There are also hills up in the country, but how
'much ground they take up we know not; they are
' said to be stony, and covered with wood ; and
( beyond them is said to be excellent land.

' 8. To the eighth we cannot answer as yet.

' 9. There be people of several sorts of religions,
( but few very zealous ; the people, being mostly New-
' England men, do mostly incline to their way ; and
' in every town there is a meeting-house, where they
' worship publickly every week : They have no publick
' laws in the country for maintaining publick teachers,

* but the towns that have them, make way within
' themselves to maintain them ; we know none that
' have a settled preacher, that follows no other employ-
' ment, save one town, Newark.

1 10. The method of building their houses is men-
' tioned already.

'11. There are not many out plantations that are not
' within the bounds of some town ; yet there be some,
' and those are the richest ; what number there are we
' know not ; some have great quantities of land, and
' abundance cleared.

'12. The

OP NEW- JERSEY. 187

' 12. The richest pla liters have not above eight or A. IX
'ten servants; they will have some of them a down ^

' cows ; yea, some twenty or thirty ; eight or ten oxen ;
' horses more than they know themselves ; for they
'keep breeding marcs; and keep no more horses at
' home than they have occasion to work ; the rest
' they let run in the wood both winter and summer,
' and take them as they have occasion to use them :
' Swine they have in great flocks in the woods ; and
f sheep in flocks also ; but they let them not run in the
' woods, for fear of being destroyed by wolves : Their
' profit arises from the improvement of their land, and
' increase of their bestial.

' 13. There will be in most of the towns already
' settled, at least 100 houses, but they are not built so
' regular as the towns in our country ; so that we can-
' not compare them with any town we know in Scot-
' land : Every house in the town hath a lot of four
' acres lying to it ; so that every one building upon
' his own lot, makes the town irregular and scattered :

* Their streets are laid out too large, and the sheep in
' the towns are mostly maintained in them ; they are
' so large that they need no trouble to pave them.

' 14. Betwixt Sandy-Hook and Little Egg-Har-
' bour, lie two towns, Middletown and Shrewsbury :

* There is no land taken up that way, but what is
i (now) in the bounds of these two towns; what kind
' of land it is we know not, having never travelled
' that way : Barnagat or Burning-Hole, is said to be a
' very good place for fishing ; and there is some desi-
' ring to take up land there, who inform that it is
' good land, and abundance of meadow lying to it.

' 15. There are no fishermen that follow only that
' trade, save some that go a whaling upon the coasts ;
' and for other fish there is abundance to be had
' every where through the country, in all the rivers ;

* and the people commonly fish with long sives or long
'nets, and will catdi with a sive, one, sometimes two
'barrels a day of good fish, which they salt up mostly
' for their own use, and to sell to others.

' 16. There

188

THE HISTORY

A. D.

1684.

16. There are no ships belonging to this province
' particularly, or built here, save one which Samuel
' Groome built here the last summer, which stands
' yet on the stocks ; (a stop being put to it by his death)
'there is conveniency enough to build ships: The
'ships in this part trade mostly to the West-India
' islands, and some to Newfoundland, where the pro-
' visions of this country vends.

' 17. There is land here in several places, after it is
' cleared and brought into a farm set out for rents, as
' in our country, at five, eight, and ten shillings per
'acre, according to the goodness and situation of the
' said land ; and those that will be at the charge to
' clear land, may get tenants to take upon these terms ;
' but whether it will turn to good account or not,
' because little experienced as yet, with the charge of
c clearing of land, I will not positively inform.

'18. There are several places of the country fit for
'mills; and several, both corn and saw mills already
' set up, and good encouragement to set up more.

' 19. The acres are here reckoned according to the
' English account ; sixteen feet to the rood, twenty
' long, and eight broad makes an acre : One English
' butt of wheat, which is eight English gallons, or
' Scots quarts, commonly sows an acre ; two bushels
( of barley also an acre ; and two bushels of oats an
'acre and half: English peck, which is four English
' quarts or Scots shopeus of Indian corn, plants one
4 acre.

' 20. There are but few Indian natives in this

* country, their strength is inconsiderable, they live
' in the woods, and have small towns in some places
' far up in the country ; they plant a little Indian corn,
4 shoots deer, and other wild beasts and fowls for their
' food : They have kings among themselves to govern
'them; for religion they have none at all; they do

* not refuse to sell lands at occasion. The prices of
' grain and other provisions here at present ; Indian
' corn two shillings and six pence the bushel ; wheat
' four shillings ; rie three shillings ; oats one shilling

'and

OF NEW-JERSEY.

'and eight pence; beef one penny; pork twopence; -A. D.
'venison one penny; mutton three pence the pound,
'this English measure and weight; but mark, these
' things being valued in this country money, there
' is a fifth part difference betwixt it and sterling
' money ; so that wheat being valued here at four
'shillings the bushel, is but three shillings and three
' pence sterling, and so of the rest proportionably.

'Here you have an account of things, as far as
'we are capable to give at present; with which we
' hope you will be satisfied, while further opportunity
•'and better experience give as occasion to write more;
' and so we rest your friends and well wishers to all our
' countrymen ; sic subscribitur,

k Elizabelh-Town, in E;isi-Jersey, i JoHX BARCLAY

•lfcS',hlWiIh" ' """;"'' Cillk:"} AUTHOR FORBES.

This I have heard read, do also subscribe to the truth
thereof, and rests G. L.

CHAP. XI.

-Manner of the West- Jersey Government in 1684 : Their
unsettled state, and succession of governors: Danger of
suffe miff for want of food in 1 687 : The division line run
It >l (r. hcidi ; and agreement between the governors Coxe
and Barclay: Alteration in the manner of locating lands
in West- Jersey, and the method now in use fixed : No
pfi-fton in West-Jersey to purchase from the Indians,
wltfiout the consent of the council of proprietors ; and
hi^mcfions respecting deeds and warrants for taking
K!> land*.

Til FJ assembly of West-Jersey at their meeting the
20th of the third mouth, this veur chose Thomas
Olive governor, and chairman or speaker; in both
which capacities the governor now acted ; the several
branches of the legislature we have seen doing their
business in common together; the peoples choice the

foundation

190

THE HISTORY

A. D.

1684.

1685.

Skein.

Welsh.

Dr. Coxe.

foundation of the whole, whose representatives were
distinctly returned from their respective first, second,
third and Salem tenths, (which were all the tenths yet
settled) at their first meetings they chose the governor,
council, commissioners to lay out land, and all the
other officers of government.

Olive had been twice governor of West- Jersey
before, and continued on the last choice in that station
for a year past;.?- but Byllinge having desisted from
the claims which the assembly and their constituents
had thought unjust, and which had been the cause of
their undertaking in opposition to him to choose the
governor, and he in this year sending a fresh commission
to John Skeine to be his deputy/- the assembly and
people submitted to him, tho? they had before refused
William Welsh in that capacity, while Byllinge con-
tinued the claims aforesaid : Skeine died in the twelfth
month 1687 ; but Dr. Daniel Cox, of London, the
greatest proprietor of West- Jersey/'- was the Sep-
tember before appointed to succeed him ; he continued
in that station till about the year 1690/- having ap-
pointed

g. His salary was twenty pounds a year.

h. Skein's salary beside the fees, was said to be thirty bushels of
rye.

i. He own'd twenty-two shares of propriety.

k. Governor Coxe soon after his appointm'ent to that station, wrote
the following letter to the council of proprietors of West-Jersey.
' After Mr. Bylling's decease, his heirs were greatly ignorant of his
'concerns Delating unto West-Jersey, and therefore resolved to sell
his interest both in government and property ; and that they had
'begun to treat with a person who would probably have made the
'condition of the proprietors and inhabitants very uneasy : I and
'another of the chief proprietors having together a very great share
'of the country, applied ourselves for advice unto the lawyers, being
'assured by the most eminent that however Bylling's concessions
•' might in conscience bind him during his life; they were not always
' obligatory to a purchaser or successor, because said concessions were
' made before his right of government was granted ; we thereupon
'consulted with several proprietors and others, well wishers to your

' colony,

O F N E W - J E R S E Y . 191

pointed Edward Hunloke his deputy; sometime A. D.
afterwards a commission was sent to John Tatham,

who

* colony, amongst whom it was agreed and resolved to be for the
'good of your country, and our own security, that one amongst us
'should purchase from the heirs of Mr. Byllinge, all his, and their
'interest in properly and government; and because my proportion
'of land was greater, or that they apprehended me capable of serv-

* ing them, or in have more money at command, or because they
' had ever preceived me to be zealous and active to promote the
'good of the province : I was earnestly pressed and requested to make
'a purchase of the government and properties annexed thereunto,
'wherewith having complied, that I might demonstrate the disente-
' rested ness of my undertaking; and that I did primarily propose
'tin- welfare and benefit of the people, and prefer it to my private
'advantage. I did many times proffer Mr. Penn, Mr. Ford and
'others, who pretend to understand most of your minds, what was
'for your good, and to be as it were kind of trustees for you:
'That if they would corflrive any method, whereby the govern-
' ment might be legally and severally invested in the proprietors, or
'people without a governor; or if they would find any person
'more fit to discharge the office of government, or who might prove
'more acceptable to the people than myself; I was willing to con-
'sign or reconvey all my estate, power, authority as 1 had received
' it and upon the same condition, not desiring the lea<t advance
'beyond what they all know 1 had disbursed; but not finding any
'proposal to meet with any other return, than an invitation to
'proceed, and good wishes that I might therein prove successful;
' and finding that all the proprietors in or near London, whom I
' could convene, were greatly satisfied with my conduct, encou-
' lading me to expect they would meet with like acceptance
'from the proprietors and inhabitants of West-Jersey: I thereupon
'thought at to recommunicate unto you the whole transaction of
'this affair; as likewise what 1 expect from you the proprietors
'and inhabitants of West-Jersey ; and what you may reciprocally
'challenge from me: I do therefore hereby give you to understand,
'that whereas all the gentlemen of the law, who have been
'hitherto consulted, do unanimously agree, that the government
'of the province of West New-Jersey, is legally in me as full as
'Pennsylvania in Mr. Penn, or East-Jersey in the proprietors
'there: J thereupon assumed the tide of governor, and lay claim
'to the powers and authority thereunto annexed ; and I am resolved
' by the assistance of Almighty God, to exercise the jurisdiction by
'his royal highness, his last deed or grant unto me conveyed, with
'all integrity and faithfulness and diligence, for the benefit and
'welfare of those, over whom divine providence hath constituted
'me (under our sovereign) superintendant or chief overseer;
'always prefering publick emolument, before my own private

advantage

192 THE HISTORY

who being a Jacobite; and as such by principle disqua-
lified, him the assembly rejected; on which the pro-
prietors

'advantage; and may I succeed in my undertakings, well or ill,
'according as I pursue or violate this resolution and engagement;
'and I am contented this my declaration he ''record ed, that it may
Continually reproach and condemn me if I ever recede therefrom.
'And whereas Mr. By Hinge, in his former concessions, hath given
'his consent, and ratified diverse laws in the said grant, stiled
'fundamentals; the first concerning liberty of conscience, the
'second, that no person shall be deprived of life, limb, estate,
'property, privilege, freedom, franchises, without a due trial and
'judgment, passed by a jury of twelve good and lawful men in the
'neighbourhood ; the person excepting, if he please, against thirty
'five, without any reason rendred, and more if he assign a jii^t
'cause: 1 hereby declare, that I do in my heart highly approve the
'said fundamental laws and concessions, and am ready to confirm
'them; and withall, I do faithfully promise, that to the utmost of
'my ability, I will cause them to be most inviolably observed, as
'also those three fundamentals after mentioned* If your assembly
'shall desire the continuance of them, and that it appears, nothing
'is therein contained contrary to the laws of England, which
'extend to our colony ; by the breach whereof, we inevitably expose
'ourselves unto the forfeiture of our charter, which, next to the
'blessing of God, and protection of our prince, is our greatest
'comfort and security ; and that you may all become fully satisfied :
'I do not intend to arrogate unto myself any absolute despotic
'power. I have thought fit to add, that whereas it Ls generally
' acknowledged by all intelligent disinterested persons, the govern-
'ment of England by a sovereign prince,, upon weighty conside-
' rations of making or repealing laws, levying taxes, consulting
'with his parliament, is the best of constitutions, and diverse of
'our English plantations, having in imitation hereof joined with
'the governor and assembly or parliament: I do hereby declare my
'full and free approbation of such constitution in your province,
'and I shall confer upon your assembly, all the powers and privi-
' leges consistent with the ends of good government, the redressing
'grievances, and promoting the peace and prosperity of the
'province; and I make my request you would with all convenient
'speed, transmit unto me your proposals, both in order unto the
'establishing a regular and durable method of convening assemblies,
'and what power you desire should be intrusted with them: And
'because assemblies have 'been hitherto convened only annually,
'except upon some solemn urgent occasion, it hath been customary
'for the governor or his deputy, to act in affairs of importance
'during the recess of assemblies, with the advice of a council, I
'would desire you to give me to understand, how you expect and
'desire such council shall be chosen; whether you will acquiesce in

'the

OF NEW-JERSEY.

prietors sent a commission in 1692, to Andrew Hamil-

193

lobo.
ton Hamilton.

'the governor's nomination, or whether you desire the assembly
'.-hould have any share in their election, also in case of succession
'upon decenae or misbehaviour ; and whether the council shall be
'annual, biennial or triennial, or during life; if understanding,
'faithful and diligent in discharging of their trust: I shall in all
' these, and any other particulars, which shall manifestly appear
'to make for puhlirk utility, not only have a great deference
'for your opinion and advice, but readily comply with all your just

'n-a-onable expectation and requests. Thus having without

' reserve or disguise, declared unto you my sentiments concerning
'government, 1 proceed to affair* of another nature; but of little
'less moment: It is the fixed persuasion of diverse intelligent
' person-*, that your province hath deeply suffered, and is stinted in
' its growth tor want of ascertaining its limits, and fixing a boundary
'between it, East Jersey, and New- York ; that thereupon a subdi-
' vision might be made of the country, into one hundred proprie-
taries, as was originally%greed, thereby appropriating unto every
'good purchaser his portion in specialty; 1 have inclosed an
'ao'ount of my transaction! with the proprietors of East Jersey,
' many of whom being persons before well affected unio me, I
'have highly disobliged, upon my refusal to comply with their
'claim, upon the last pretended agreement; all which, and much
'more, if like occasion should require, I shall readily conflict
'with, and chearfully undergo, for the good of our little, yet unto
'me, dear community, which 1 shall love, cherish, and endeavour
'to support and maintain, as if they were members of my own
'private family: Lastly, I do confirm all those persons who were
'appointed by Mr. Uy Hinge, or chosen by the people in their
'respective places and employments, until I further learn from
'you the state of your colony, unless by some new advice and very
'extraordinary motives 1 should be obliged to make an alteration,
'which shook! it happen, you may all rest assured, I shall have a
'tender regard unto your welfare and satisfaction: And now
'nothing remains besides our supplicating with united minds, the
'allwise God, to grant us the wisdom which is pure and peaceable,
' to enable us methodically to order our affairs with discretion ; that
'we may act, industriously, regularly, chearfully, in the several
'siatious and employments his divine providence hath allotted us,
'considering we are one body, and members one of another; that
' no injury can happen to a part which will not redound in some
'to the hurt of the whole: For my own particular, I can appeal
'unto the searcher of hearts, that I do sincerely and primarily
'design the prosperity of your province, in its peace, security end
' plenty ; and that it may be so settled, as that you may not only
'live happily during my administration, but that it may not be in
'the power of any future governor, deriving from me, even to
'hinder the due execution, much less to repeal those laudable

'constitutions
N

194 THE HISTORY

ton.*- He was accepted and continued governor of
West-Jersey, while it remained under the proprietary
jurisdiction, tho7 with some interruption in 1698, of
which hereafter; being also some part of^the time
governor of both East and West- Jersey, and Pennsyl-
vania.

Law The year 1686, seems to have been a dangerous one

sword? *n East-Jersey, if the law then passed against wearing

<&c. swords was properly founded : According to that, seve-

ral persons had received abuses, and were put in great

fear

'constitutions, which with your advice and assistance I hope to
'establish : And on your parts, I expect and promise myself a ready
'compliance with whatsoever shall be proposed for the publick good :
'That instead of factions and divisions, there be a generous emula-
'tion amongst you, who shall promote the welfare of our commu-
'nity: That you be mutually tenderly affectioned one towards the
'other; and though you may differ in opinions, concerning things
'of Jes«er moment, yet continue united in affection, as being
* 'servants to the same God, subject to the same prince, and having

'one common interest; often remembering, that by unanimity and
'concord, diverse nations have been advanced from contemptible
'beginnings, unto great wealth and power; whereas by discord,
'mighty empires have been broken and ruined, without the acces-
» 'sion of external force: That the God of peace and love would

'unite, preserve and prosper you, is the frequent, fervent, and
'shall continue to be, the constant request, of your most affectionate
'friend, DANIEL COXE.

' September the 5th, 1687.

I. His salary in 1695 and 1696, was two hundred pounds a year
as governor of West- Jersey ; but the salary in both East and West-
Jersey seems in some periods, to have been rather occasional : In the
latter province in 1697, provision was made for two hundred pounds
by a law. with the following preamble, 'Being sensible of the
'many great services done by our present governor, Col. Andrew
'Hamilton, since his accession to the administration of the govern-
'mentof this province; and taken also into our consideration, the
'great charge that must attend any person in that post, and how
' little hath yet been done by us answerable to his merit and station ;
' we find ourselves obliged in point of gratitude, and in testimony
'of our affection to him, and as a demonstration thereof, to offer as
'is hereafter expressed ; and pray our governor's acceptance thereof
'from a poor people, whose good-will and regard to him is not to
'be measured by the value of our offering, but integrity of the
'offerers.' The salary of the governor of East-Jersey in 1694,
1695, and 1696, was one hundred and fifty pounds per annum.

O F N E W - J E R S E Y . 195

fear from quarrels and challenges ; to prevent it for the A. D.
future, none by word or message, were to make a dial- 1686<
lenge, upon pain of six mouths imprisonment without
bail or mainprize, and a ten pound fine ; whoever ac-
cepted or concealed the challenge, was also to forfeit
ten pounds ; no person was to wear any pocket pistols,
skeins, stilladers, daggers or dirks, or other unusual
weapons, upon pain of five pounds forfeiture for the
first offence, and for the second to be committed ; and
on conviction imprisoned for six months, and moreover
to pay a fine of ten pounds; no planter was to go
arm'd with sword, pistol, or dagger, upon penalty of
five pounds. Officers, civil and military, soldiers in
service, and stranger^ travelling upon lawful occasions,
were excepted. This law for any thing that appears,
is yet in force.

The settlers in both West Jersey, and Penn-
sylvania, about the year 1687, were put to difficulties 1687.
on account of food ; their crops having in great part
failed ; several families had already spent their last, Food
and were forced to subsist on what was spared by such of
their neighbours as were better provided; these were
few in proportion to the mouths to be filled : Some
nigh the river's had lived weeks upon fish, others were
forced to put up with herbs ; but unexpectedly to many
arrived a vessel from New-England to Philadelphia,
laden with corn, which proved an agreeable supply;
this vessel meeting with a good market others soon fol-
lowed ; so that the settlers were not afterwards exposed
to the like necessity for want of food.

In this year, George Keith, surveyor-general of East-
Jersey, by onbr of the proprietors there, attempted Keith's
to run the division line between East and West-Jersey; '
pursuant to an award on the terms established in the

quiuti-

196

THE HISTORY

A. D.

1687.

Traversed
by Chap-
man.

1688.

Agree-
ment be-
tween the
governors
Coxe and
Barclay.

qui 11 ti partite deed.™. He began with a line from
little Egg Harbour, north by west and three degrees
five minutes more westerly, as the compass then pointed
for a part; the line he run sixty miles in length, till he
fell upon the corner of Dobie's plantation, on the south
branch of Rariton : This, by order of the council of
proprietors of West-Jersey, in or about the year 1721,
was traversed by John Chapman, esteemed a careful sur-
veyor ; upon the computation it appeared, that the line
at the time of his traverse, was north sixteen degrees
and forty three minutes west, which leaves a varation of
two degrees and twenty three minutes in that thirty-
four years. The remaining part of Keith's line was
from Dobie's plantation, along the rear of that and
other tracts and plantations, as they were before pa-
tented and surveyed in right of the proprietors of the
eastern division of New-Jersey, until it intersects that
part of the north branch of Rariton river, which descends
from a fall of water, commonly called and known by
the Indian name of Allamitung then running from
that point intersection up the branch of stream of the
fall of Allamitung.

Upon the original running this line, the western pro-
prietors thought too much of their best lands were
surveyed to the eastward ; and were uneasy with it.

In the fall 1688, the governors of East and West-
Jersey, on behalf of each division, entered into the fol-
lowing agreement.

1 London, September 5, 1688.

' It is agreed this day, by Dr. Daniel Coxe, governor
' of the province of West-Jersey, on behalf of himself,
' and all the rest of the proprietors of that province, on
' the one part ; and Robert Barclay, governor of the
' province of East- Jersey, on behalf of himself and all

'the

m See this deed, vol. i. of laws, p. 63, &c.

OF NEW- JERSEY.

197

* the rest of the proprietor's of that province, on the
'other part; as followeth, viz.

' For the final determination of all differences, con-
' cerning the deed of partition ; and all other disputes
' and controversies about dividing the lands, and set-
' tling the bounds between East and West-Jersey.

1 1. The line of partition run strait from little Egg-
4 Harbour, to the most westerly corner of John Dobie's
4 plantation, as it stands on the south branch of Rariton
' river, shall be the bounds so far between East and
4 West-Jersey,, and shall not be altered ; but remain as it
' stands, on a printed draught of the proprietors lands,
' surveyed in East- Jersey, and drawn by John Reid,
' and since printed here.

1 2. From thence to run along the back of the adjoin-
' ing plantations, until it comes to James Dundass his
' plantation ; anel from thence, at the most north westerly
' part thereof, a line to lye down with a line on the

* back of those plantations, and so to run north eastward,
' till it touch the north branch of Rariton river, as it is
' struck upon the map already: but saving the plan-
' tations already laid out, to be within the line, if they
1 happen to stand a little more westerly than that line
' is marked.

3. c From the north end of the line, where it touches
4 Rariton north branch; thence forward the largest
' stream or current of water belonging to the said north
' branch, shall be the bound or partition ; and so con-
' tinning along the same, unto the north end thereof,

* for the bounds so far.

4. ' From the said north end of the branch, a short

* strait line to run to touch the nearest part of Passaick
'river; and so following the course of that river,
' continuing Poqimniek river, so long as it runs nor-
therly or north westerly; those rivers still to be the
'bounds between both provinces; and if Poquanick

* river do not run far enough to the latitude of forty

* one degrees.; then from the said river, a straight
4 line to be run northward ,to the latitude; and that to

'be

A.D,

1688.

198 THE HISTORY

A. D. < be the utmost north partition point, and from the
1688' ' said point in a strait line due east to the partition point
( on Hudson's river, between East-Jersey and Ncw-
' York : Provided always, that all plantations and
'tracts of land, laid out and surveyed, before this
i agreement arrives in East- Jersey, shall remain to the
' parties concerned ; and the partition shall so run as
'to include them within East- Jersey bounds.

' Lastly, Dr. Coxe doth covenant and promise, to
1 make good the agreements above written, and war-
' rant the title and quiet possession of all the lands so
' to be appropriated to the proprietors of East-Jersey,
'according to the limits and bounds abovementioned,
'against all persons that shall or may pretend, or claim
' any interest to any of the said lands, as West- Jersey
' proprietors : And Robert Barclay doth covenant
' and promise, to make good the agreement above
' written, and warrant the title and quiet possession of
' lands, so to be appropriated, to the proprietors of
' West-Jersey, according to the limits and bounds
'abovementioned, against all persons that shall or may
' pretend or claim any interest to any of the said lands,.
' as East- Jersey proprietors : For performance of all
' and every the respective articles and covenants herein,
' mentioned ; they do mutually bind themselves, each
' to the other, in the sum of five thousand pounds, to be
' well and truly paid on the breach of any of the clause*
' and covenants, herein before mentioned. In witness
' whereof, they have interchangeably set their hand*
' and seals, the day and year first above written. »•
Sealed and delivered ROBERT BARCLAY.

in the presence of
DAVID HEWLING.
STEPHEN LUCOCK.

Notwithstanding this agreement, and that the
parties have at several times seemed desirous the line

should

n. See the consent of many western proprietors, to the agreement
made with East-Jersey, in the line of division by Dr. Daniel Coxe,
ReoeWs book. B. Secretary's- Office, Burlington, p> 233.

OF NEW- JERSEY. 199

should be properly run out and fixed ; the necessary A. D.
preliminaries could never yet be sufficiently settled;
those of East-Jersey being thought by the western pro-
prietors to have the advantage in every step hitherto
taken ; while they on the contrary, have not been
wanting to alledge their reasons.?-

In order to keep the transactions relative to the divi-
sion line together, we are necessarily brought forward
in course of time, with respect to the manner of locat-
ing the proprietors lands in West-Jersey ; the divisions
and sub-divisions of shares had multiplied demands,
and introduced a necessity for other measures than had
been hitherto in practice; accordingly in 1687, the
proprietors found it expedient to enter into the following
agreement.

' Whereas by experience it hath been found, that New me-
'the concerns particularly relating to the proprietors
' of the province of West New-Jersey, by reason of
' the great difficulty of getting them together, upon
'several emergent occasions, have been greatly detri-
' mental not only to the carrying on and progress of
' the same necessary and publick concerns, but also
' very chargeable and burthensome to the said proprie-
' tors, especially those of them who live at a great
distance; and also complained of by the members
'of the general assembly, as taking up a great part
' of their time, in an affair particularly relating to the
' proprietors ; and finding that the affair touching the
' publick concerns of the said proprietors, may be
* carried on with far less charge and burthen to the whole,
' and with more effect by such number of persons, as by
'the proprietors shall be esteemed fit and qualified
' on their behalf, to transact 'and agitate their publick

' affairs

p. To trace the proceedings relating to this line minutely, will
be a task proper for those immediately concerned ; they are volu-
minous: To give an account of some more of the steps hitherto
taken, a few papers are added in the appendix. Vid. appendix,
Numb. iv. v. vi. vii.

200 THEHISTORY

A. D. ' affairs as proprietors : We therefore, underwritten
' proprietors of the province aforesaid, being met
' together at Burlington, in the same province, this
'fourteenth day of the twelfth month, anno 1(>S7,
'by a general appointment of the same proprietors;
' do therefore unanimously agree together as followeth,
' (viz.) That eleven proprietors within the said pro-
' vince, shall be yearly and every year, nominated,
' elected and chosen, by and amongst the said proprie-
' tors, to be commissioners and trustees at a day
' certain ; six whereof in the county of Burlington,
'and five within the county of Gloucester, in the
' province aforesaid ; who shall be, and are impowered
( to act and plead in all such affairs, as do, and shall
'generally concern the body of the said proprietors of
' the same province, as fully and effectually as if the
' whole body of the same proprietors were together,
' and should personally do, and conclude the same ;
' which act and acts, thing and things, by the same
' commissioners and trustees for the time being, so
' from time to time to be done and performed as
* aforesaid, we the said proprietors do hereby ratify,
' establish and confirm ; and we do hereby nominate
' and appoint our trusty friends Samuel Jen ings,
' Thomas Olive, William Biddle, Elias Farre, Mahlon
' Stacy, Francis Davenport, Andrew Robeson, Wil-
' Ham Royden, John Reading, William Cooper, and
' John Wills, commissioners and trustees for the year
' next ensuing, to do, act and officiate in the affair
' aforesaid, until the tenth day of the second month,
' anno domini 1 688 ; and we do hereby agree and
' appoint, that each and every of the said commissioners
' and trustees now elected and chosen, and from time
' to time hereafter to be elected and chosen, shall have
' and be allowed two shillings per day, for each and
' every day they shall be concerned to act in the affair
' aforesaid ; the same to be paid by the proprietors of
' the province proportion ably to their respective shares
' of the said province. In testimony whereof, we the
'proprietors of the province aforesaid, have to this

' instrument

OF NEW-JERSEY. 201

* instrument, in this and the schedule hereunto affixed, A. D.
'put our hands, dated the fourteenth day of the

* twelfth month called February, anno domini 1687.

i At a meeting of the proprietors at Burlington, this
'sixth of the seventh month, in the year 1688; it is
'agreed, that five of the commissioners shall be a quo-
1 nun in all their meetings, and shall have power to
'act in as full manner as if the whole number of
' eleven were present ; and it is further agreed, that the
' said commissioners shall meet at least once a quarter,
' the day after each quarter sessions.

( Thomas Hutchison, Christopher Wetherill, Thomas
' Butcher, John Pancoast, Henry Grubb, John
f Tatbam, Thomas Barton, John Wookton, Robert
' Turner, Thomas Budd, George Hutchinson, John
' Dayes, John Shinn, Henry Wood, John Kay, Thomas
1 Matthews, Thomas Sharp, Isaac Marriot, Bernard
' Devonish, Samuel Oldale, Thomas French, Percival
' Towlc, Franci* Collins, Thomas Gardiner, Daniel
' Will*, William Meyers, Anthony Elton, John Hugg,
1 Richard Herritage, William Bate, William Alberson.
' An instrument of the same form and date, signed
' in Gloucester county, by Woolla Dalbo, William
i Cooper, William Alberson, John Ladd, John Hugg,
'jun. John Wills, Thomas Sharp, John Rambo, Robert
1 Zane, James Atkinson, Francis Collins, Thomas
1 Thaebera, John Hugg.

1 Indorsed on the back side.

1 We the within subscribers, do approve of, ratify

and confirm the persons within mentioned, to serve as

our representatives for the year ensuing, with these

alterations following, viz. instead of Mahlon Stacy

and Francis Davenport, that John Tatham and

George Hutchinson, be elected and serve in their

' stead ; and in place of William Cooper, Thomas

r Gardiner, -Jan. is elected to serve in his stead; and

' that instead of eleven trustees, there shall be but

1 nine for the year ensuing; five of which shall, make

* a quorum : All which is consented to, concluded,

'and

202

THE HISTORY

A.D.

1688.

Minutes
of W. Jer-
sey council
of proprie-
tors.

' and agreed upon, this first of the first month, at
'Gloucester, anno 1688, by the proprietors within
' subscribed.

On this agreement with some little variations after-
wards, is founded the present constitution of the council
of proprietors of West-Jersey ; the following minutes,
being some of their first proceedings thereafter, shows
their method and practice for some time after the estab-
lishment of the said constitution.

'At a meeting of several proprietors of West-Jer-
'sey, at Burlington, on the sixth day of the seventh
' month, anno domini 1688.

1 It was then and there debated, and being put to
' the vote, agreed by the proprietors then present, that
t every proprietor, and every person interested in
( proprieties, shall pay to the use of Daniel Coxe, to-
'any person appointed to receive it, as a reimburse-
' ment for the money laid out by him, in the Indian
' purchase lately made in the lower counties, the sum
* of twelve shillings and six pence for every thousand
'acres, and so proportionably to be taken up out of
' that purchase ; the first year to begin the first day of
i April last past, and from that time twelve months,
' to advance eighteen pence upon every year ensuing,
' until the time that the money aforesaid to be paid for ;
' the land to be laid out within the bounds of the same
1 purchase, as consideration for the monies disbursed
' by the said Daniel Coxe in the said Indian purchase of
' the whole tract, which, by the surveyor Andrew
' Robeson, is computed to be three hundred thousand
'acres of good land, capable and worthy of improve-
' ments ; which money being paid, the party so paying
' shall be acquitted of all other payments on the con-
' sideration aforesaid.

' 2. That the surveyor for the time being, be
' engaged not to set out any land within the limits of
'this Indian purchase, until the money abovementi-
' oned be paid and secured as abovesaid.

' 3. And

OP NEW-JERSEY. 203

' 3. And it is further agreed, that for the land taken A. D.
' up by order of the said Dr. Coxe, above the falls of
' Delaware, every proprietor taking up any part there-
' ofj shall pay to Dr. Coxe, or his order, the sum of
' twenty-five shillings per thousand acres, and two
'shillings and six pence yearly consideration, till the
' money be paid.

' At a meeting of the council of proprietors, being
'nominated, elected and constituted by the proprie-
' tors of the province of West-Jersey, to negotiate
' their affairs for the year ensuing, held at Burlington,
'the eighteenth day of September, anno domini, 1688.

1 Elected, Thomas Olive, Andrew Robeson, Samuel
' Jenings, Francis Davenport, William Biddle, Mah-
1 Ion Stacy, William Roy don, William Cooper and
'John Reading; five of which shall make a quorum.

1 Present at this uneeting, these persons ; Thomas
' Olive, Andrew Robeson, Samuel Jenings, William
' Biddle, Francis Davenport, William Roydon, Wil-
' liam Cooper. Thomas Olive, president.

' Imprimis, It is agreed, ordered and concluded
'by authority of the council abovesaid, That Samuel
' Jenings be, and is hereby appointed commissioner,
' to examine all deeds, taking a minute of the same,
' and issue warrants to the surveyor general, for the
*' surveying and taking up of lands ; keeping a record
' of the same, and this for the inhabitants within the
' county of Burlington, or to any others as occasion shall
' require.

' 2. It is likewise agreed and ordered, that John
' Reading shall perform the same service, for the inha-
' bitants within the county of Gloucester ; and to all
1 others as occasion shall require.

1 3. And it is ordered and appointed, that for the
' support of their service, every warrant for land under
'one hundred acres, shall pay the sum of one shilling;
'and one hundred acres and above, under one thou-
' sand, shall pay the sum of eighteen pence ; and one
' thousand acres and upwards, sliall pay the sum of two
' shillings and six pence.

'4. And

204 THE HISTORY

A. D. < 4. And it is 'further ordered, that the said Samuel

88t ' Jenings and John Reading, shall, upon demand of

* this council, at any time, deliver into them a copy of
'their said minutes by them taken from time to time.

' 5. A nd it is ordered and appointed by the autho-
' rity aforesaid, that Andrew Robeson, the surveyor
'general, shall from 'time to time, upon demand of
' this council, make return to them of all warrants

* executed by him, that have not been returned before.

e 6. And it is likewise ordered and appointed by this
'council, That Mahlon Stacy, John Day, William
' Wood and John Hollinshead, shall be rangers for
' the county of Burlington and upwards ; and John
' Kay, Thomas Sharp and Israel Helme, jun. shall
' be rangers for the county of Gloucester, for the year
' ensuing.

'7. It is also concluded and ordered, that no person
' or persons whatsoever, shall presume to purchase any
e land from the Indians, without the consent of this
' council first obtained, otherwise to be prosecuted as
' our common enemy.

' The council adjourns until the fourth day of No-
vember next.

' At a meeting of the council of proprietors in Bur-
' lington, upon the tenth day of eighth month, anno
'1688.

' Present in council, Thomas Olive, president.

'Andrew Robeson, William Biddle, Samuel Jen-
' ings, William Roy den, John Reading.

' Imprimis, whereas John Skene is appointed by the
'secretary and register general of the dominion and
'territories of New-England, to receive the records,
' rolls and papers from Thomas Revel and John Read-
' ing, who hath already demanded the same ; and the
' said Thomas Revel and John Reading, making their
' application to the council, to know their pleasure
' therein.

' The council have, and do order, that all records
' relating to government, may be delivered according

'to

OF NEW-JERSEY. 205

' to the secretary's order ; but such as relate to lands, A. D.
' they judge to be the proprietors property, and that '

' tlicv ought to abide and remain with them, and hope
'the governor is already satisfied therewith.

' The council adjourns till the sixth hour in the
'morning, on the llth day.

' The eleventh of the eighth month.

'Agreed and concluded, that all deeds granted only
'by Edward Byllinge, in and before the year 1682,,
'shall be adjudged and esteemed insufficient for the
'commissioners to grant warrants upon/

' The form of the commissioners commission.

1 A. B. thou art hereby authorized, by the power and
' order of the council of proprietors, to be commissioner
' for the county of for the examining of deeds,

' and (/ran fine/ warrants, for the taking up of lands
' within the province of West- Jersey ; well and faithfully
' in all things discharging thy said office ; and the trust
' in thee reposed, according to the instructions herewith

; to the best of thy skill, and understanding.
' Given under my hand and seal, the &c.

' Instructions for the commissioners to observe and
'follow, in their examining of deeds, and granting
' of warrants for the taking up of lands.

' 1. Agreed and ordered by the council aforesaid,
' that the commissioners grant no warrants, but upon
' the producing of good deeds, authentic copies, or
' an extract of the record of such deed under the
' register's hand, &c.

' 2. That all deeds granted only by Edward Byl-
' linge, in ami before the year 1682, shall be accounted
' insufficient for the commissioners to grant warrants
' upon.

' 3. That there shall be given a particular warrant
' for every several deed, or particular purchase.

' 4. That the president of the council for the time
' being, shall, from time to time, grant warrants
'for the commissioners, for the taking up of their
'own lands.

'5. That

206 T H E . H I S T O R Y

A. D. < 5. That the commissioners shall not direct their

'88' ' warrants to the surveyor-general for the laying forth

* of his own lands, but to some other person, at the dis-
' cretion of the commissioner that gives forth the

* warrant.

' 6. That every proprietor coming for a warrant,
'shall first sign to an instrument, to be presented to
' them, for their compliance, to pay his, and their res-
' pective and proportionable share of such incident
' charge, for the management of the proprietors affairs ;
' as in the said instrument here following, may further
' appear.

' The form of the instrument to be signed by the
' proprietors before they have warrants granted for the
' taking up of their lands.

' We the subscribers having taken into considera-
tion the necessity of the incident charges, that will
' attend the council of proprietors, in the employ and
' concern wherein we have placed, and constituted
' them, for the carrying on, and discharging of those
' inevitable charges that will follow upon the prosecu-
' tion of our affairs ; we do therefore hereby bind, and
' oblige ourselves ; each for himself, and not for one
' another, to comply with, and pay our proportions
'respectively of the aforesaid charges, as our said
' council shall from time to time give us an account of,
' and find needful to be raised : In witness whereof we
' have hereunto set our hands, the &c.

' The council adjourns till the 7th hour in the morn-
1 ing, being the 12th day of October, Anno 1688.
1 The 12th day of the 8th month.

' The council being ,met, they ordered the writing
' of a letter to the governor, to request the secretary to
' permit the records of lands to rest in the same hands
' they have formerly been ; forasmuch as they conceive
' they properly belong to the proprietors.

The council likewise order another letter to the
' secretary, to signify the receipt of his warrant, by
' Thomas Revell and John Reading, for the delivery

* of all records, rolls, &c. and do desire the secretary,

' that

OF NEW-JERSEY. 207

* that the records of lands may still remain in the said A. T>.

* Thomas Revell and John Reading's hands: But for
' other records that relate to government, may be dis-

* posed of according as he shall appoint.

We have before given a summary of some of the
first laws published in the eastern and western divisions,
while under proprietary management ; from that time
forward, till the surrender of the government, many
others were passed in both ; but being either framed
to particular occasions, or afterwards in part repealed
or supplied, and most of them of no great public con-
cernment now, further repetition of them here was
thought unnecessary.

In the year 1691, Dr. Coxe conveyed the govern- 1691-
merit of West- Jersey and territories, to the West-Jersey Dr. Coxe
•society, consisting of the following persons: Sir j°ei!,ey So-
Thomas Lane, knt. Michael Watts, Ed^vard Harri- ciet7-
«on, Thomas Skinner, James St. Johns, Nicholas
Hayward, Mordecai Abbot, Nicholas Battersby,
Robert Curtis, John Jurin, Richard Bramhall, Robert
.Mitchell, Charles Mitchell, James Boddington, John
Gunston, Arthur Shallet, John Lamb, William
Wightman, Joseph Brooksbank, William Thompson,
Henry Harrington, John Love, Thomas Phipps,
Isaac Cocks, John Sweetable, Thomas Bromfield,
John Norton, Robert Hackshaw, John Bridges,
Joseph Paise, Edward Richier, William Dunk, Ed-
•ward Habberdfield, John Alberson, Edward West,
Edward Paunccford, Obadiah Burnet, Francis Michel,
Benjamin Steele, John Slaney, Nehemiah Erwing,
John Wilcocks, Richard Mayo, Jonah Netteuway,
William Brooks, Tracey Pauncefort, Joseph Allen,
and Richard (irccnaway. Yid. the instrument, Revell's
JBook, B. Secretary's office Burlington, p. 298.

CHAP.

208 THE HISTORY

CHAP. XII.

A flood at Delaware falls: Death and character of
Thomas Olive, Thomas Gardiner, and John Woolston,
Commotions in East and West-Jersey : Surrender of
the two govenments to queen Anne : Her acceptance
thereof ; and her commission to lord Cornbury.

A. p. rTl H E first settlers of the Yorkshire tenth in West-

JL Jersey, had several of them built upon the low

lands, nigh the falls of Delaware, where they had now

lived, and been improving near sixteen years; they

had been told by the Indians, their buildings were

Flood in liable to be damaged by freshes, and the situation of
Delaware

the place must have made it probable : They had

however, got up several wooden tenements and out-
houses, which in the spring were accordingly generally
demolished : The snows suddenly melting above,
caused an uncommon overflow of the river ; there
have been many great floods since, but none quite so
high ; it came upon them so unexpectedly, that many
were in their houses surrounded with water, and con-
veyed to the opposite shore, by neighbours from thence,
in canoes : The water continued rising till it reached
the upper stories of some of 'their houses, then most,
or all of them gave way, and were dashed to pieces ;
many cattle were drowned ; beds, kettles, and other
furniture, were picked up on the shores below ; the
frights and damages were considerable; two persons
in a house, carried away by the sweeping torrent, lost
their lives before they could be got out. This accident
taught the owners here to fix their habitations on
higher ground, and was what is commonly called the
great flood at Delaware falh.

In

O F N E W - J E R S E Y . 209

It was in the spring this year that the proprietors A. D.
of We.-a-Jcrsey first appointed col. Andrew Hamilton 1692'
to be their governor.?-

About this time also died Thomas Olive, who since T. Olive,
the first settlement of West-Jersey, had been a man of
importance there; he came over one of the London
commissioners in 1(377, was sometime governor, in
which station he behaved with great circumspection
and prudence; while a common magistrate he had a
iv-idy method of business, often doing it to good effect
in the seat of judgment on the stumps in his meadows;
])<> contrived to postpone sudden complaints, till cool
deliberation had shewn them to be justly founded, and
then seldom failed o£ accommodating matters without
much cxpence to the parties: He had been imprisoned
and otherwise a sufferer for religion in England ; and
by his preaching and writing as well as other public and
private conduct, had gained general love and esteem,
which he merited to the last.

In September 1694, died Thomas Gardiner; he 1694.
arrived early at Burlington, went through several njr Gardi"
pnblick stations in West- Jersey with a good character,
ha 1 considerable knowledge in variety of business,
and was an exemplary member of society, civil and
religious.

In the beginning of 1608, died John Woolston, 1698.
one of the first settlers at Burlington, who had now J> Wool-
for upwards of twenty years, through the fatigues of
a ne\v settlement, proved himself a ready friend and
neighbour, and valuable member of society.

We are now come to the year 1701; a memorable 1701.
rcm in New-Jersey, on account of the disturbances
and confusions that violently agitated several parties,

and

g. See his commission in book B. secretary's office, Burlington
p. 287.

O

210 THE HISTORY

and the change of government that followed in con-
sequence of them : Each province had many and
different proprietors, who promoted separate schemes
and interests; these sometimes interfered: To facilitate
particular purposes, one party would have the choice
and management of a governor, while another refused
any but of their own nomination ; and a third objected
to proposals from either : Moderate councils could not
be heard ; a contaminating spirit of party and discord
took place of order and peace ; every expedient to
restore union and regularity, proved unsuccessful ;
faction prevail'd, and particular animosities were nou-
rished to that degree, that the delays of time seem'd
only to give opportunity of accumulating fresh occa-
sions of disgust and uneasiness ; a detail of particulars,
would be an ungrateful, we hope an unnecessary task ;
a few facts may suffice as specimens of the whole : To
come at these, we must go back to the spring 1698.
J. Bass. Jeremiah Bass, under a pretence of a commission he

had received from some of the proprietors of East-
Jersey, with the king's approbation, superceded Andrew
ton. Hamilton, the then governor of both East and West

Jersey ; but in the next year it appeared, that Bass had
not obtained the king's approbation of his commission,
nor was it granted by enough of the proprietors to make
it valid, which induced great numbers of the inhabitants
to refuse obedience to him, and to the magistrates and
officers by him appointed ; some persons being impri-
soned for refusing obedience, it was resented by others
with great indignation, and feuds and confusion follow-
ed : To accommodate matters for the present, Andrew
Hamilton was again appointed governor, by a fresh
commission from some of the proprietors ; but a great
number refused obedience to him, and the magistrates
and officers under him, in like manner, and for the same
reasons as they had refused Bass and those he appointed.

The

OF NEW- JERSEY. 211

The disorders in the Eastern division during this time,r- A. D.
made such an impression on the minds of many of the

, that they readily hearkened to overtures made
for a surrender of government. A considerable part
of West- Jersey was also, for similar reasons, disposed
to a resignation : The commotions in both, which had
i increasing for some years, now seemed to be got
to a crisis, and all things tended to a surrender of the
powers of government; which was at length brought
about in the beginning of the next year.

Mean while diverse petitions and remonstrances were Remon-
sent home, complaining loudly of their grievances and
confusions ; and praying redress : These and the pro-
ceedings in conseque/ice of them, show the principal
matters now to be found relating to the surrender and
the measures they took to reserve their privileges. *•

In 1702 the surrender was made by the following 1702»
instrument.

* Surrender from the proprietors of East and West- Surrender.

' New-Jersey^ of their pretended right of govern-

1 inent to her majesty.

' WHEREAS his late majesty king Charles the second,
' by his letters patents under the great seal of England,
4 bearing date at Westminster, on or about the twelfth
'<lay of March, in the sixteenth year of his reign;
'did give and grant to James, then duke of York,

* his lu-irs and assigns, all that part of the main land of
4 New-England, beginning at a certain place called or
4 known by the name of St. Croix, next adjoining
MO New-Scotland, in America; and from thence

' extending

r. Long before, according to the representation of the lords of

tnulr, Oi-iober l', 1701, 'the proprietors (say they) of East-New-

'Jeraej, flitl sum-mler their pretended right of Government to king

'.lamps, in the month of April, 1688; which was accordingly

'•pled I iy him.'

«. Vid. Appendix, numb, viii, ix, x, xi, xii, xiii, xiv.

212 THEHISTOKY

A. p. ' extending along the sea coast unto a certain place
1702' ' called Pemaquod or Peraaquid, and so up the river
' thereof to the furthest head of the same, as it tends
' northward ; and extending from thence to the river of
' Kenibique ; and so upwards by the shortest course to
' the river Canada, northward : And also all that island
' or islands, commonly called by the several name or
' names of Manowacks, or Long-Island, situate,
6 lying and being towards the west of Cape Codd, and
' the Narrohigansets, abutting upon the main land
1 between the two rivers there, called or known by the
'several names of Connecticut and Hudson's river;
' together also with the said river called Hudson's river,
1 and all the lands from the west side of Connecticut
e river, to the east side of Delaware bay : And also all
1 those several islands called or known by the names of
' Martin's Vineyard, and Nantucks, or Nantucket :
' together with all the lands, islands, soils, rivers,
6 harbours, mines, minerals, quarries, woods, marshes,
' waters, lakes, fishings, hawkings, hunting and
1 fowling; and all other royalties, profits, commodi-
1 and hereditaments to the several islands, lands and
' premises, belonging and appertaining, with their
' and every of their appurtenances ; TO HAVE AND
1 TO HOLD all and singular the said lands, islands,
( hereditaments, with their and every of their appur-
1 tenances, to the said James Duke of York, his heirs
' and assigns forever ; to be held of the said king, his
' heirs and successors, as of his manor of East Green-
1 wich in Kent, in free and common socage, and not in
' capite or by knight's service ; yielding and rendering
1 therefore yearly and every year, forty beaverskins when
' demanded ; or within ninety days after. And by the
' same letters patents, the late king Charles the second,
1 for himself, his heirs and successors, did give and
1 grant to the said James duke of York, his heirs,
1 deputies, agents, commissioners and assigns, full and
' absolute power and authority, to correct, punish,
' pardon, govern and rule all such subjects of the said
' king, his heirs and successors, as should from time

'to

OF NEW- JERSEY. 213

' to time adventure themselves into the parts and places A. D.
'aforesaid, or that should at any time then after inhabit i*02*
'within th»' same, according to such laws, orders, or-
4 dinances, direci ions and instructions, as by the said
'dukr of York, or his assigns, should be established;
'and in defect thereof, in case of necessity, according
'to tin- good directions of his deputies, commission-
' ers, officers or assigns respectively, as well in all
' causo and matters, as well capital and criminal, as
'civil, both marine and others; so always as the said
'statutes, ordinances and proceedings, were not con-
' trary, but as near as might be, agreeable to the laws
'and statutes and government of the realm of Eng-
' land ; saving and reserving to his said majesty, his
' heirs and successors, the receiving, hearing and deter-
' mining, of the apneal and appeals of all, or any
' other per.-on or persons of, in or belonging to the ter-
' ritories or islands aforesaid, in or touching any judg-
' rnent or sentence to be there made or given ; and
' further, that it should and might be lawful to and for
' the said duke of York, his heirs and assigns, from
' time to time, to nominate, constitute, ordain and
'confirm such laws as aforesaid, by such name or
'names or stiles, as to him or them shall seem good;
' and likewise to revoke, discharge, change and alter
' a- well all and singular governors, officers and mini-
'sters, which then after should be by him or them
' thought fit or needful to be made or used within the
' aforesaid parts and islands; and also to make, ordain,
'and establish, all manner of orders, laws, directions,
' instructions, forms and ceremonies of government
'and magistracy, tit and necessary for and concerning
'the government of the territories and islands afore-
saul, so always as the same were not contrary to the
laws and statutes of the realm of England', but as
near as might In-, agreeable thereunto; and the same
at all times then after to put in execution or abrogate,
ivy..kr or change, not only within the precinct of the
.-aid territories or islands, but also upon the seas in
' and mining tu aud from the same, as he and

' they

214 THE HISTORY

A. D. ' they in their good direction should think to be fittest
1702. t for fj-jg OO(i of the adventurers and inhabitants there :

'And the late king did thereby grant, ordain and
' declare, that such governors, officers, ministers, as
' from time to time should be authorized and appointed
' in manner and form aforesaid, should and mfght have

* full power and authority to use and exercise martial
' law, in cases of rebellion, insurrection and mutiny, in
' as large and ample manner as the lieutenants of his
' said majesty in his counties of the realm of England
' had, or ought to have, by their commissions of lieu-
' tenancy, or any law or statute of the said realm of
' England. And the said late .king did thereby also
' for himself, his heirs and successors, grant to the said
' James duke of York, that it should and might be
' lawful for him, his heirs and assigns, in his or their dis-
' cretions, from time to time, to admit such and so many
' person or persons to trade and traffick unto and within
' the territories and islands aforesaid, and into every or
6 any part or parcel thereof, and to have process and
( enjoy any lands and hereditaments in the parts and
' places aforesaid, as they should think fit, according
' to the laws, orders, constitutions and ordinances by
' the said James duke of York, his heirs, deputies,
'commissioners and assigns, from time to time to be

* made and established, by virtue of and according to

* the true intent and meaning of the said letters patents,

* and under such conditions, reservations and agree-
' ments as the said James duke of York, his heirs and
'assigns, should set down, order, direct and appoint;
' and not otherwise. And by the said letters patents,,

* the said king did for himself, his heirs, and successors,
' grant to the said James duke of York, his heirs and
' assigns, and to all and every such governor and gover-
' nors, or other officers and ministers, as by the said
' James duke of York, his heirs or assigns, should be
' appointed, with power and authority of government

* and command in or over the inhabitants of the said
' territories or islands, that they and every of them
'should, or lawfully might, from time to time, and at

'all-

OF NEW- JERSEY. 215

' all times then after or for ever, for their several defence A. D.
'and safety, encounter, expulse, repel and resist by 1/02>
' force of anus a> well by sea as by land, and all ways
'and means whatsoever, all such person or persons as
' without the especial licence of the said James duke of
4 Y.M-'K, hfr heirs or assigns, should attempt to inhabit
'within the several precincts and limits of the said
' territories and islands ; and also all and every such per-
4 son and persons whatsoever, as should enterprize or
'attempt at any time then after, the destruction or in-
4 va-ion, detriment or annoyance to the parts, places or
' islands aforesaid, or any part thereof; as by the said re-
4 cited letters patents duly enrolled, relation being there-
' unto had, more at large may appear. AND WHEREAS
' the estate, interest, right and title of the said James
'duke of York, in and to the provinces of East-Jer-
'sey and West-Jersey*; part of the premises by the said
' recited letters granted, are by mean conveyances and
ranees in law, come unto and vested in or claimed
'amongst others, by sir Thomas Lane, Paul Dorai-
' ni((iie, Robert Mitchell, Joseph Brooksbank, Michael
4 Watts, Edward Richier, John Norton, Ebenezer
' Jones, John Whiting, John Willcocks, John Bridges,
1 Thomas Skinner, Benjamin Steel, Obadiah Burnet,
4.J«t-eph Micklethwait, Elizabeth Miller, Benjamin
4 Levy, Francis Minshall, Joseph Collier, Thomas
4 Lewis, Jo. Bennet, John Booker, Benjamin Nelson,
4 .lames \Vas-e, Richard Harrison, John Jurin,
' Richard Greenaway, Charles Mitchell, Francis
4 Mitchell, Tracy Paunceford, William Hamond,
4 Ferdinando Holland, William Dockwra, Peter Son-
' mans, Joseph Grimston, Charles Ormston, Edward
'Antill, George Willocks, Francis Handcock, Tho-
' mas Barker, Thomas Cooper, Robert Burnet, Miles
er, .John .Johnstone, David Lyell, Michael
Hawdou, Thomas Warne, Thomas Gordon, John
Barclay, Clement Plumstead, Gilbert Mollison, and
4 Richard Hasell, the present proprietors thereof; and
4 they also have claimed, by virtue of the said letters
4 patent** and mean conveyances, to exercise within

'the

216 THElJISTORY

A. D. ' the said provinces for the governing the inhabitants
( thereof, all the powers and authorities for government
' granted by the said letters patents to the said duke and
' his heirs and assigns ; but her majesty hath been advised,
'that they have no right nor can legally execute any of
' the said powers ; but that it belongetli to her majesty
' in right of her crown of England, to constitute
'governors of the said provinces, and to give directions
' for governing the inhabitants thereof, as her majesty
'shall think tit: And the said proprietors being desir-
' ous to submit themselves to her majesty, are willing to
' surrender all their pretences to the said powers of
( government, to the intent her majesty may be pleased
( to constitute a governor or governors of the same
' provinces, with such powers, privileges and authori-
' ties for the government thereof, and making of such
'laws there, with the consent of the assembly of the
'said provinces, and her majesty's subsequent appro-
' bation thereof, as her majesty in her great wisdom
' shall think fit and convenient. WE THEREFORE
' the said Sir Thomas Lane, Paul Dominique, Robert
' Michell, Joseph Brooksbank, Michael Watts, Ed-
' ward Richeir, John Norton, Ebenezer Jones, John
' Whiting, Clement Plurnstead, John Willcocks, John
' Bridges, Thomas Skinner, Benjamin Steel, Obadiah
' Burnet, Joseph Micklethwait, Elizabeth Miller, Ben-
'jamin Levy, Francis Minshall, Joseph Collier, Tho-
' mas Lewis, Jo. Bennet, John Booker, Benjamin
' Nelson, James Wasse, Richard Harrison, John
' Jurin, Richard Greenaway, Charles Mitchell, Fran-
' cis Mitchell, Tracy Paunceford, William Hamond,
'Ferdinando Holland, Willam Dockwra, Peter Son-
' mans, Joseph Grimston, Charles Ormston, Edward
' Antill, George Willocks, Francis Handcock,
' Thomas Barker, Thomas Cooper, Robert Burnett,
' Miles Foster, John Johnstone, David Lyell, Mi-
'chael Hawdon, Thomas Warne, Thomas Gordon,
' John Barclay, Gilbert Mollison, and Richard Hasell,
' &c. the present proprietors of the said provinces of
' East-Jersey and West-Jersey, for the considerations

'and

OF NEW-JERSEY. 217

1 and to the intent aforesaid, have surrendered and A. D.
' yielded up, and l>v these presents for us and our heirs, 1702.
'do surrender and yield up unto our sovereign lady
'A\NK, by the o-race of God, queen of England,
'Scotland, France, ami Ireland, defender of the faith,
' tvc. her heirs and successors, all these the said powers
' and authorities to correct, punish, pardon, govern
' and rule, all or any of her majesty's subjects or others
' who now inhabit, or hereafter shall adventure into or
' inhabit within the said provinces of East-Jersey and
' \\Y.>t- Jersey, or either of them; and also to nomi-
' nate, make, constitute, ordain and confirm any laws,
'orders, ordinances and directions and instruments
'for those purposes, or any of them; and to noini-
' nate, constitute or appoint, revoke, discharge, change,
1 or alter any governor or governors, officers or mini-
* sters, which are or snail be appointed, made or used
'within the said provinces or either of them; and to
' make, ordain and establish any orders, laws, direc-
' tion<, instruments, forms or ceremonies of govern-
' inent and magistracy, for or concerning the govern-
' inent of the provinces aforesaid, or either of them;
k or on the sea in going and coming to or from thence;
1 or to put in execution, or abrogate, revoke or change
' such as are already made for or concerning such
' government, or any of them ; and also all those the
'said powers and authorities to use and exercise martial
Maw in the places aforesaid, or either of them, and
1 to admit any person or person to trade or traffick
there, and of encountering, repelling and resisting
' by force of arms, any person or persons attempting to
1 inhabit there without the licence of us the said pro-
' prietors, our heirs and assigns, and all other the pow-
' ers, authorities and privileges of or concerning the
'government of the provinces aforesaid, or either of
'them, or the inhabitants thereof, which were granted
'or mentioned to be granted by the said recited letters
' patents, and every of them. IN WITNESS whereof,
1 the per<nn> abovenamed, have hereunto set their
' hands and seals, this fifteenth day of April, in the

1 year

218 THE HISTORY

A. D. * year of our lord one thousand seven hundred and two ;
< au(j jn ^e £rg£ year Q£ her majesty's reign.

For the eastern division.

' Peter Son mans, Joseph Ormston for myself, and
'as proxy for Charles Ormston, Edward Antill, and
' George Willocks, and representative of Francis
1 Hancock ; Thomas Lane, Paul Dominique, Ro-
' bert Mitchel, Joseph Brooksbank, E. Richier. Mi-
' chael Watts, Clement Plumstead, Lewis Morris in
' the behalf of Robert Burnet ; Miles Foster, John
' Johnstone, Michael Hawdon, John Barclay, David
' Lyell, Thomas Warne, Thomas Gordon, Thomas
' Barker, Thomas Cooper, Gilbert Mollison, Henry

* Adderly for Richard Hasel, of Barbados ; Wil-
' liam'Dockwra. For the western-division.

' John Booker, John Whiting, John Willcocks, John
' Bridges, Thomas Skinner, Benjamin Steel, Obadiah
' Burnet, Joseph Micklethwait, Thomas Lamb, Paul
' Dominique, Francis Mitchel, Joseph Brooksbank,
' Michael Watts, Ed. Richier, John Norton, Eben.
' Jones, Benjamin Nellson, James Wasse, Richard
' Harrison, John Jurin, Richard Greenaway, Charles
' Mitchel, Francis Mitchel, Francis Paunceford, Wil-
' Ham Hamond, Ferd. Holland, Elizabeth Miller,

* Benjamin Levy, Francis Minshall, Joseph Collins,
' Thomas Lewis, Jo. Bennet.

' Sealed and delivered by T. Lane, P. Dominique,
' R. Michell, J. Brooksbank, M. Watts, E. Richier,
' J. Norton, E. Jones, J. Whiting, J. Willcocks, J.
'Bridges, T. Skinner, B. Steel, O. Burnett, J. Mic-
'klethwait, E. Miller, B. Levy, F. Minshall, J.

* Collier, T. Lewis, J. Bennet, J. Booker, B. Nelson,

* J. Wasse, R. Harrison, J. Jurin, R. Greenaway, C.
' Mitchel, F. Mitchel, T. Pauncefort, W. Hamond,
' F. Holland. And for the interest the proprietors
' of West-Jersey, have in East-Jersey, T. Lane, P.
' Dominique, R. Mitchel, J. Brooksbank, E. Richier,
' and M. Watts. Sealed and delivered by the aforesaid
' persons in presence of us, L. Morris,

Jonathan Greenwood.
' Sealed

OF NEW- JERSEY. 219

'Scaled and delivered by William Dockwra, Peter A. D.
' Sonmans, Joseph Ormston, Th >mas Barker, and
' Thomas Cooper, proprietors of East-Jersey, in the
* piW'iioe of us, Richard Bouts, Nathaniel Welch.

•Scaled and delivered by Gilbert Mollison, in pre-
<s<-ii-'e of us, Daniel Wild, Gilbert Falconer.

* Scaled and delivered by Clement Plumstead, in
' presence of us, John Askew, Samuel Hannington.

< Scaled and delivered by Henry Adderly, in pre-
'sence of us, John Blackall, Thomas Gage.

1 Sealed and delivered by Lewis Morris, in pre-
'sfiK-e of, Aug. Graham, Richard Bibby.7

' The QUEEN'S acceptance of the surrender of

' government.
'At the court at St. James's, the 17th day of

' April, 1702.

' PRESENT : The QUEEN'S most excellent majesty.
' His Royal Highness Earl of Radnor,
' Prince George of Earl of Berkely,
' Denmark, Earl of Rochester,

' Lord Keeper, Earl of Marl borough,

' Lord President, Earl of Bradford,

' Lord Steward, Earl of Romney, Queen's

< Duke of Bolton, Earl of Ranelagh,

' Duke of Schomberg, Lord Ferrers,

' Duke of Leeds, Lord Godolphin,

' Lord Great Chamber- Mr. Comptroller,
' lain, Mr. Vice Chamberlain,

' Karl Marshal, Mr. Secretary Vernon,

' Lord High Admiral, Mr. Chancellor of the Ex-

' Lord Chamberlain, chequer,

k K-irl of Dorset, Lord Chief Justice,

' Ivirl of Manchester, Sir Charles Hedges,

Etirl of Stamford, Mr. Smith.

1 Karl of Burlington,

' This day the several proprietors of East and West
' New-Jersey, in America, did in person, present a
' deed i»f surrender by them executed under their hands
1 and seals, to her majesty in council,, and did acknow-

' ledge

220 THE HISTORY

A. D. < ledge the same to be their act and deed ; and humbly
' desire her majesty to accept the same, that it might
' be enrolled in the court of chancery, whereby they
' did surrender their power of the government of those
'plantations: Which her majesty graciously accepted,
' and was pleased to order, as it is hereby ordered, that
' the same be enrolled in her majesty's said high court
1 of chancery ; and the said instruments are to be deli-
' vered to Mr. Attorney General, who is to take care
( that the same be enrolled accordingly.

Lord Directly after the surrender, Edward lord viscount

Cornbury, grandson to the great chancellor Clarendon,
was appointed governor of New-Jersey ; his commis-
sion was as followeth :

< ANNE, by the grace of God, of England, Scot-

* land, France and Ireland, Queen, defender of the
4 faith, &c. To our trusty and well beloved Edward

* Hyde, esquire, commonly called lord Cornbury,

* greeting : Whereas in the government of that coun-

* try, which was formerly granted by king Charles
4 the second, under the name of Nova-Csesaria, or
4 New-Jersey, and which has since been subdivided by
4 the proprietors, and called East New- Jersey, and
' West New-Jersey, such miscarriages have happened,
4 that the said country is fallen into disorder and confu-
4 sion ; which has accordingly been represented to our
4 dearest brother the late king, in several petitions,
4 memorials and other papers, signed by the general
' proprietors, and by great numbers of the inhabitants ;

* and by means of that disorder the publick peace and

* administration of justice, whereby the properties of
' our subjects should be preserved there, is interrupted
'and violated, and the guard and defence of that
' country so totally neglected, that the same is in immi-
' nent danger of being lost from the crown of England :
' And whereas the aforesaid proprietors being sensible
t that the said country, and our good subjects the inha-
' bitants thereof, cannot be defended and secured by

* any other means then by our taking the government

<of

O F N E W - J E R S E Y . 221

' of the same under our immediate care, have executed A^. D.
'and made a formal and entire surrender of their
4 right, or pretended right and title to the government
'of that country unto us: We therefore, reposing
'especial trust and confidence in the prudence, cou-
' rage and loyalty of you the said lord Cornbury, out
'of our especial grace, certain knowledge, and nicer
'motion, hath thought fit to constitute and appoint,
'and by these presents do constitute and appoint you
' the said lord Cornbury, to be our captain general and
'governor in chief, in and over the aforesaid country
4 of Nova-(Vsaria, or New-Jersey, viz. the division
'of Kast and West New-Jersey, in America, which
' we have thought fit to reunite into one province, and
' settle under one entire government: And we do here-
' by require and command you, to do and execute all
' things in due manner fchat shall belong unto your said
'command, and tfie trust we have reposed in you,
' according to the several powers and directions gran ted
' or appointed you by this present commission, and
' the instructions and authorities herewith given you,.
' or by such further powers, instructions or authorities
' as shall at any time hereafter be granted, or appointed
'you under our signet and sign manual, or by onr
'order in our privy council, and according to such
' reasonable laws and statutes as shall be made and
' agreed upon by you, with the advice and consent of
' the council and assembly of our said province, under
'your government, in such manner and form as is
' hereafter expressed And our will and pleasure is,
' that you the said lord Cornbury, having after the
'proclamation of these our letters patents, first taken
the oaths appointed by act of parliament to be taken
I instead of the oath of allegiance and supremacy, and
'the oath mentioned in an act, entitled, An act to
4 dei'hire the <ilt--rntinn in tk( oath appointed to he tnken,
4 />// I he art, entitled, An < id for the further security of
4 hi* mtljexLtf* perxon, ,,m/ //^> wcettition of the crown, in
4 Mr iH-ntfxhint line, and for the extinguishing thr hopes.
4 oj the pretended prince of HWr.s, and all other pretender*

'and

222 THE HISTORY

A. D. * and their open and secret abettors, and for the declaring
t the association to be determined; as also the test menti-
' oned in the act of parliament made in the twenty fifth
•' year of the reign of king Charles the second, entitled,
'' An act for preventing dangers which, mat/ happen from
' popixh recuwintx; together with the oath for the due
' execution of the office and trust of our captain gene-
' ral and governor in chief, in and over our said pro-
' vince of Nova-Cfflsaria, or New-Jersey, as well with
' regard to the equal and impartial administration1 of
'justice, in all causes that shall come before you, as
' otherwise ; and likewise the oath required to be taken
'by governors of plantations, to do the utmost that
( the laws relating to the plantations be observed ; all
( which our council in our said province, or any three
'of the members thereof, have hereby full power and
.•' authority, and are required to administer unto you ;
' and in your absence our lieutenant governor, if there
' be any upon the place ; you shall administer unto
•' each of the members of our said council, as also to
' our lieutenant governor, if there be any upon the
'' place, as well the oath appointed by the act of parli-
' ament to be taken instead of the oath of allegiance
' and supremacy,, and the oath mentioned in the said
' act, entitled, An act to declare the 'ttlbyiition in the
1 oath (ippoinled to be taken by an act, entitled, An art
1 for the further xecwity of his mryV.sfy/'s person, and the
1 succession of the crown in the proteatant lime, and for
' extinguishing the hopes <tf the pretended prince of Wtfltnt
1 and. all other pretenders, and their open <tnd secret (d)>t-
1 tors, and for dec/firing the association fa b? determined ;
' as the forementioned test, and the oath for the due
'execution of their places and trusts. And we do
' hereby give and grant unto you, full power and
' authority, to suspend, any of the members of our said
' council from sitting, voting, and assisting therein,
''if you shall see just cause for so doing: And if it
' shall at any time happen, that by the death, departure
'' out of our said province, or suspension of any of our
•'said councellors, or otherwise, there shall be wanting

' in

OF NEW-JERSEY. 223

* in our said council, any three whereof we do appoint A. T).
4 to be a quorum, our will and pleasure is, that you
'signify the same unto us, by the first opportunity,

4 that we may under our signet and sign manual, consti-
tute and appoint others in their stead; but that our
*n flairs may not suffer at that instant, for want of a
'due number of councellors, if ever it should happen
'that there should be less than seven of them residing
'in our said province, we do hereby give and grant
1 unto you the said lord Cornbury, full power and
4 authority to chuse as many persons out of the princi-
' pal freeholders, inhabitants thereof, as will make up
'the full number of our said council to be seven, and
f no more ; which persons so chosen and appointed by
'you, shall be to all intents and purposes councellors
' in our said province, until either they shall be con-
' firmed by us, or that? by the nomination of others by
4 us, under our sign manual and signet, our said council

* shall have seven or more persons in it. And we do
' hereby give and grant unto you, full power and
'authority, with the advice and consent of our said

* council from time to time, as need shall require, to
Summon and call general assemblies of the freeholders
'and planters within your government, in manner
'and form as shall be directed in our instructions which
'shall be given you,, together with this our commis-
'sion. Our will and pleasure is, that the persons

thereupon duly elected, by the major part of the
' freeholders of the respective counties and places so
'returned, and having before sitting, taken the oaths
'appointed by act of parliament to be taken instead of
4 tin- oaths of alleu'iaiK-e and supremacy, and the oath
' mentioned in the aforesaid act, entitled, An act to
4 dei'/are tin' <t /ten i Hun in the oath appointed fo be taken by
'the act, entitled, An art for the further security of
'///x majesty'* y>,r*oH, <m<l tlir succession of the erown m
'the protextant l',,n', and -for e.rtinffiiMtinp the hope* of
'the pretended prim-,- <>f Wales, ami all other pretenders,
'and their open <,,nl secret abettor*, and for dn-larituj the
4 association to be determined; as also the aforementioned

'test

224 THE HIS TORY

A. D. 'test: Which oath you shall commissionate fit persons
' under our seal of Nova-Csesaria, or New-Jersey, to
1 administer nnto them, and without taking of which
'oaths and subscribing the said test, none shall be
'capable of sitting though elected, shall be called and
' held the general assembly of that our province, and
'that you the said lord Cornbury, by and with the
'advice and consent of our council and assembly, or
'the major part of them respectively, shall have full
1 power and authority to make, constitute and ordain
'laws, statutes and ordinances, for the public peace,
1 welfare and good government of our said province,
'and of the people and inhabitants thereof, and such
' others as shall resort thereto, and for the benefit of
' us, our heirs and successors, which said laws, statutes,
' and ordinances are not to be repugnant, but as
'near as may be, agreeable unto the laws and statutes
' of this our kingdom of England ; provided that all
'such laws, statutes and ordinances, of what nature
' or duration soever, be within three months or sooner,
'after the making thereof, transmitted to us, under
'our seal of Nova-Ca3saria, or New- Jersey, for our
'approbation or disallowance of them, as also dupli-
' cates thereof by the next conveyance, or in case any
' or all of them being not before confirmed by us, shall
'at any time be disallowed and not approved, and so
'signified by us, our heirs or successors, under our or
' their sign manual and signet, or by order of our or
'their privy council, unto you the said lord Cornbury
'or to the commander in chief of our said province
' for the time being, then such and so many of them
'as shall be disallowed and not approved shall from
' henceforth cease, determine, and become utterly void
' and of none effect, any thing to the contrary thereof
' notwithstanding. And to the end that nothing may
'be passed or done by our said council or assembly, to
'the prejudice of our heirs and successors, we will and
' ordain, that you the said lord Cornbury, shall have
'arid enjoy a negative power in the making and passing
'of all laws, statutes and ordinances as aforesaid. And

' that

O F N E W - J E R S E Y . 225

'that yon shall and may likewise from time to time, as A. IX
'you shall judge it necessary, adjourn, prorogue and
'dissolve, all general assemblies. Our will and plea-
Sure is, that you shall and may use and keep the pub-
' lick seal of our province of Nova-Ca3saria, or Ncw-
'. Jersey, for sealing all things whatsoever that pass
'the Mjvat s;-al of our said province under your govern-
' ment. And we do further give and grant unto you
'the said lord Cornbury, full power and authority,
'from time to time, and at all times hereafter, by
'yourself, or by any other to be authorized by you
' in that behalf, to administer and give the oaths
'appointed by act of parliament, instead of the oath
'of allegiance and supremacy, to all and every such
'person and persons as you shall think fit, who shall
'at any time or times pass into our said province, or
'shall be resident or "abiding there. And do further
'give and grant unto you, full power and authority,
'with the advice and consent of our said council, to
t, constitute and establish such and so many courts
'of judicature and publick justice within our said pro-
' vince tinder your government, as you and they shall
'think fit and necessary, for the hearing and determin-
ing of all causes as well criminal as civil, according
'to law and equity, and for awarding execution there-
' upon, with all reasonable and necessary powers, autho-
'ritics, fees and privileges belonging unto them; and
'also to appoint and commissionate fit persons in the
Several parts of your government, to administer the
'oaths appointed by act of parliament to be taken
' instead of the oath of allegiance and supremacy, and
'the oath mentioned in the aforesaid act, entitled, An
' ticf t<> derlare the a/feration in the oath to be taken by the
' act, entitled, An art for the further security of his
' //m/V.v///'x person, and the xwvrxx/Vw of the crown in the
1 prutc.stant Inn; and for the extinguishing the hopes of
' tin- j/r< tended prince of H^/rx, and all other pretenders,
'and their open and secret abettors, and for declaring
* the a>i#iH-itifion to be determined; as also the test unto
Such peix.i's as shall be obliged to take the same.

p 'And

226 THE HISTORY

A. D. 'And we do hereby authorize and ira power you, to
'constitute and appoint judges, and in cases requisite
'commissioners of oyer and terminer, justices of the
'peace, and other necessary officers and magistrates in
'our said province, for the better administration of
'justice, and putting the laws in execution, and to
'administer, or cause to be administered unto them,
' such oath or oaths as are usually given for the due
'execution and performance of offices and places, and
'for the clearing of truth in judicial causes. And we
'do hereby give and grant unto you, full power and
' authority, where you -shall see cause, or judge any
' offender or offenders in criminal matters, or any fines
'or forfeitures due unto us, fit objects of our mercy, to
' pardon all such offenders, and to remit all such offen-
'ces, fines and forfeitures, treasons and wilful murder
'only excepted; in which case you shall likewise have
* power upon extraordinary occasions, to grant reprieves
'to the offenders, until and to the intent our royal plea-
'sure may be known therein. And we do by these pre-
'sents, authorise and impower you to collate any person
' or persons to any churches, chapels or other ecclesia-
'cal benefices within our said province, as often as
'any of them shall happen to be void. And we do
' hereby give and grant unto you the said lord Cornbury,
' by yourself, and by your captains and commanders
' by you to be authorised, full power and authority to
' levy, arm, muster, command and employ all persons
' whatsoever residing within our said province of Nova-
' Cffisaria, or New- Jersey, and as occasion shall serve,
' them to transport from one place to another for the
'resisting and withstanding of all enemies, pirates, and
' rebels, both at sea and land, and to transport such for-
' ccs to any of our plantations in America, if necessity
'shall require, for the defence of the same, against the
' invasion and attempts of any of our enemies, pirates
'and rebels, if there shall be occasion, to pursue and
'prosecute in or out of the limits of our said province
' and plantations, or any of them ; and if it shall please
'God them to vanquish, apprehend and take, and

' being

OF NEW-JERSEY. 227

* being taken, either according to law to put to death, A. p.
4 or keep and preserve alive at your discretion, and to

4 execute martial law, in time of invasion, insurrection
' or war, and to do and execute all and every other
1 tiling and things, which to any captain general and
4 governor in chief doth or ought of right to belong.

* And we do hereby give and grant unto you full
' power and authority, by and with the advice and
4 consent of our said council., to erect, raise and build
' in our siid province of Nova-CffiSaria, or New-Jersey,
4 such and so many forts, platforms, castles, cities,
< boroughs, towns, and fortifications, as you, by the
'advice aforesaid, shall judge necessary, and the same,

* or any of them, to fortify and furnish with ordinance,
'ammunition, and all sorts of arms fit and necessary
'for the security and defence of our said province;
'and by the ad vice* aforesaid, the same or any of
' them again to demolish or dismantle as may be most

* convenient. And forasmuch as manv mutinies and
' disorders may happen, by persons shipped and em-
' ployed at sea, during the time of war; to the end

* that such may be better governed and ordered, we
1 do hereby give and grant unto you the said lord

* Cnrnbury, full power and authority, to constitute
'and appoint captains, lieutenants, masters of ships,
'and other commanders and officers, and to grant
' unto such captains, lieutenants, masters of ships,
t and other commanders and officers, commissions,
' m execute the law martial during the time of war,
' and to use such proceedings, authorities, correct i-

* <MIS, executions, upon any offender or offenders
' who shall be mutinous, seditious, disorderly, or
'any \\ay> unruly at sea, or during the time of* their
'abode or residence in any of the ports, harbours, or
' ([\\-A\< «.f our said province, as the cause shall be found
c to require, according to martial law, during the time
rof \\ar a- aforesaid. Provided, that nothing herein
'contained, shall be construed .to the enabling you,
' or any by your authority, to hold plea or have any

* jurisdiction

228 THE HISTORY

1702* ' jurisdiction of any offence, cause, matter or thing
'committed or done upon the high sea, or within
' any of the harbours, rivers or creeks of our said pro-
' vince under your government, by any captain, com-
' mander, lieutenant, master, officer, seaman, soldier,
' or other person whatsoever, who shall be in actual
( service and pay, in or aboard any of our ships of
' war, or the vessels acting by immediate commission
' or warrant from our high admiral of England, under
'the seal of our admiralty, or -from the commissioners
1 for executing the office of our high admiral of Eng-
' land for the time being ; but that such captain, com-
' mander, lieutenant, master, officers, seaman, soldiers,
' and other persons offending, shall be left to be pro-
( ceeded against as the merit of their offences shall
' require, either by commission under our great seal of
( England, as the statute of the twenty-eighth of king
' Henry the eighth directs, or by commission from our
t high admiral of England, or from our commissioners
' for executing the office of our high admiral of
e England, for the time being, according to the act of
' parliament passed in the thirteenth year of king Charles

* the second, entitled, An act for establishing articles
i and orders, for the regulating and better government of
' his majesty's navy, ships of war, and forces by sea,
' and not otherwise. PROVIDED NEVERTHELESS, that
6 all disorders and misdemeanors committed on shore

* by any captain, commander, lieutenant, master, offi-
' cer, seaman, soldier, or any other person whatso-
1 ever, belonging to any of our ships of war, or other
' vessels acting by immediate commission, or warrant
' from our high admiral of England, under the seal of
' our admiralty, or from our commissioners for execut-
' ing the office of high admiral of England, for the time
' being, may be tried and punished according to the laws
' and place where any such disorders, offences and mis-
' demeanors, shall be committed on shore, notwith-
' standing such offender be in our actual service and in
' our pay on board any such our ships of war or other
' vessels, acting by immediate commission or warrant

' from

O F N E W - J E R S E Y . 229

* from our high admiral, or from our commissioners A. D.

* for executing the office of high admiral for the time 1702.

* being as aforesaid, so as he shall riot receive any pro-
•' teetiou for the delaying of justice, for such offences
'committed on shore, from any pretence of his being
' employed in our service at sea. Our will and plea-
t sure is, that all publick money raised, or that shall be
1 rai-ed, by any act hereafter to be made within our said
' province, and issued out by warrant from you, by and
' with the advice and consent of our council, and dis-
' poM-d of by you for the support of the government,
•* and otherwise ; we do hereby give you the said lord
' Cornbury, full po\ver and authority, to order and ap-
' ])oint fairs, marts, and markets, as also such and so

* many ports, harbours,. quays, havens, and other places

* lor the eonvenieney jind security of shipping, and for

* the loading and unloading of goods and merchandize,
•* as by you, with the advice and consent of our said
4 council, shall be thought fit and necessary. And we
'do hereby require and command of all officers and magi-
•* st rates, civil and military, and all other the inhabitants

* of <nir said province, to be obedient, aiding and assist-
' ing unto you the said lord Cornbury, in the execution
4 of this our commission, and of the powers and
' authorities herein contained ; and in case of your death
< or absence out of oar said province, to be obedient,

* aiding and assisting to such person as shall be appointed
4 by us. to be our lieutenant governor or commander
4 in chief of the said province, to whom we do there-
' fore by these presents, give and grant all and singu-
lar the privileges and authorities aforesaid, to be by
' him executed and enjoyed during our pleasure, or until
'your arrival within our said province: And if upon
\vour death or absemv out of our said province, there
'be no person upon the place commissionated or ap-
4 pointed by us to be our lieutenant governor, or com-
•' mander in chief of the said province; our will and
1 pleasure is, that the then promt council of our said
1 province, dn take upon them the administration of the

-• •mment, and execute this commission, and the

' several

230

A._ p. < several powers and authorities herein contained, and
• 'that such councellor who shall be at the time of your
' death or absence, residing within our said province,
'and nominated by our instructions to you, before any
' other at that time residing there, do preside in our said
'council, with such privileges and 'preheminences as may
' be necessary in those circumstances, for the due and
' orderly carrying on the publick service in the admi-
' nistration of the government as aforesaid, until our
' pleasure be further known, or until your return.
' LASTLY, we do hereby declare, ordain and appoint,
' that you the said lord Cornbury, shall and may hold,.
'execute and enjoy the office and place of captain
'general and governor in chief, in and over our pro-
' vince of Nova-Giesaria, or New-Jersey, together
' with all and singular the powers and authorities hereby
'granted unto you, for and during our will and plea-
' sure, from and after the publication of this our com-
' mission. In witness whereof we have caused these
' our letters to be made patents : Witness ourself at
' Westminster, the fifth day of December, in the first
' year of our reign.

CHAP. XIII.

Instructions from Queen Anne to Lord Cornbury.

'INSTRUCTIONS for our right trusty and well beloved
' Edward lord Cornbury, our captain general and
'governor in chief, in and over our province of
' Nova-Csesaria, or New- Jersey, in America. Given.
' at our court at St. James's, the sixteenth day of
' November, 1702, in the first year of our reign.

Lord Corn '1 T ^K TI T H these our instructions you will receive

bury'* in- y y our commission under our great seal of

Btructions. , _ , , . . i j

' England, constituting you our captain general and go-

' vernor in chief of our province of New-Jersey.

' 2. You

O F N E W - J E R S E Y . 231

' 2. You are with all convenient speed to repair to A. I),
'our said province, and being there arrived, you are 1
1 to take upon you the execution of the place and trust
'we have reposed in you, and forthwith to call together
4 the following persons, whom we do by these presents
' appoint and constitute members of our council in

* and for that province, viz. Edward Hunloke, Lewis
' Morris, Andrew Bowne, Samuel Jenings, Thomas
' Revell, Francis Davenport, William Pinhorne, Sa-
4 muel Leonard, George Deacon, Samuel Walker,
'I>;miel Leeds, William Sandford, and Robert
' (Quarry/- esquires.

3. And you are with all (hie solemnity, to cause
' our said commission under our great seal of England,
'constituting you our captain general and governor

* in chief as aforesaid, to be read and published at
' the said meeting of our council, and to cause pro-

* clamation to be made in the several most publick
1 places of our said province, of your being constituted
4 by us (Mir captain general and governor in chief as
4 aforesaid.

* 4. Which being done, you shall yourself take, and
1 also administer to each of the members of our sakj
4 council so appointed by us, the oaths appointed by act
' of parliament to be taken instead of the oaths of alle-
4 Bianco and supremacy, and the oath mentioned in
4 an act, entitled, An act to declare the alteration in the
4 <Kith appointed to be taken by the act, entitled, An act
' for the further security of his majesty's person, and the
4 tuooewum of the crown in the protestant line, and for
1 extinguishing the hopes of the pretended prince of
1 II W/rx, anil oil otln r pretenders, and their open and secret
1 nlH-ftnrtt, and for declaring the association to be deter-
4 inin«l ; as also the test mentioned in an act of par-

1 liament

t. Quarry was said to be of the council for five governments at
on.- tun.-, vi/. New- York, New-.Jersev, IVnnsvlvania, Maryland,
and Virginia : he died about the year*1712. Beverly in his history
of Virginia, p. 92, 9f>, 97, represents him as joining with Nichol-
son, the then governor of that colony, in unfavourable repreaen-
tations again.-t the colonies.

232 THE HISTORY

A. D. < 1 lament made in the twenty fifth year of the reign of
1702. t kjng Charles the second, entitled, An act for pre-
' venting dangers which may happen from popish recu-
' sants ; together with an oath for the due execution of
'your and their places and trusts, as well with regard
' to the equal and impartial administration of justice
' in all causes that shall come before you, as otherwise,
'and likewise the oath required to be taken by gover-
' nors of plantations, to do their utmost, that the laws
' relating to the plantations be observed.

' 5. You are forthwith to communicate unto our said
'council, such and so many of these our instructions,
' wherein their advice and consent are mentioned to be
' requisite, as likewise all such others from time to
' time, as you shall find convenient for our service to
' be imparted to them.

* 6. And whereas the inhabitants of our said pro-
' vince have of late years been unhappily divided, and
' by their enmity to each other, our service and their
' own welfare has been very much obstructed ; you are
'therefore in the execution of our commission, to
' avoid the engaging yourself in the parties which have
' been form'd amongst them, and to use such impartia-
' lity and moderation to all, as may best conduce to our
' service, and the good of the colony.

' 7. You are to permit the members of our said
' council, to have and enjoy freedom of debate and
' vote, in all affairs of publick concern, that may be
' debated in council.

' 8. And altho' by our commission aforesaid, we
' have thought fit to direct that any three of our coun-
'cellors make a quorum, it is nevertheless our will
' and pleasure, that you do not act with a quorum of
' less than five members, except in case of necessity.

' 9. And that we may be always informed of the
' names and characters of persons fit to supply the va-
' cancies which shall happen in our said council, you
' are to transmit unto us, by one of our principal secre-
' tary's of state, and to our commissioners for trade and
' plantations, with all convenient speed, the names and

' characters

OF NEW-JERSEY. 233

' characters of six persons, inhabitants of the eastern A- D-

'division, and six other persons inhabitants of the

4 western division of our said province, whom you shall

' e.-teem the be>t (jiialified for that trust; and so from

4 time to time when any of them shall die, depart out

( of our said province, or become otherwise unlit, you

' are to nominate unto us so many other persons in

* their stead, that the list of twelve persons fit to supply
' the said vacancies, viz. six out of the east, and six out

* of the west division, as aforesaid, may be always

* co in pi eat.

'10. You are from time to time to send to us as
' aforesaid, and to our commissioners for trade and

* plantations, the names and qualities of any members
' bv you put into our said council, by the first conve-

* niency after your so doing.

'11. And in the choice and nomination of the
' members of our said council, as also of the principal
1 oflieers, judges, assistants, justices and sheriffs, you
4 are always to take care that they be men of good
4 life, and well affected to our government, of good
' < -tales and abilities, and not necessitous people or
' much in debt.

' 12. You are neither to augment nor diminish the
' number of our said council, as it is hereby established,

* nor to suspend any of the present members thereof
4 without good and sufficient cause: And in case of

* suspension of any of them, you are to cause your
4 iv.-i.-ons for so doing, together with the charges and

* proofs against the said persons, and their answers

* thereunto (unless you have some extraordinary reason

* to the contrary) to be duly entered upon the council
4 luniks; and you are forthwith to transmit the same,
4 together with your reasons for not entering them

* upon the council books, (in case you do not enter
' them) unto us and to our commissioners for trade and
' plantations as aforesaid.

' l.'J. Yon are to signify our pleasure unto the mem-
' bers of our said council, that if any of them shall at
1 any time hereafter absent themselves, and continue

' absent

234 THE HISTORY

A. p. * absent above the space of two months together from

1702. < Qur g^ provjnce without leave from you, or from our

' governor or commander in chief of our said province,

'for the time being, first obtained; or shall remain

' absent for the space of two years, or the greater part

* thereof successively, without our leave given them
' under our royal sign manual ; their place or places in
' our said council, shall immediately thereupon become

* void, and that we will forthwith appoint others in

* their stead.

' 14. And in order to the better consolidating and
' incorporating the two divisions of East and West
' New-Jersey, into and under one government, our will
' and pleasure is, that with all convenient speed, you call
' together one general assembly for the enacting of laws
f for the joint and mutual good of the whole ; and that

* the said general assembly do sit in the first place at
' Perth-Am boy, in East .New-Jersey, and afterwards
' the same, or other the next general assembly, at Bur-
' lington, in West New-Jersey ; and that all future
' general assemblies do set at one or the other of those
' places alternately, or (in cases of extraordinary neces-
' sity) according as you with the advice of our foresaid

* council, shall think to appoint them.

' 15. And our further will and pleasure is, that the
' general assembly so to be called, do consist of four and
' twenty representatives, who are to be chosen in the
' manner following, viz. two by the inhabitants house-
' holders of the city or town of Perth-Amboy, in East
' New-Jersey ; two by the inhabitants householders of
1 the city and town of Burlington in West New-Jersey ;
' ten by the freeholders of East New-Jersey, and ten
' by the freeholders of West New-Jersey ; and that no
' person shall be capable of being elected a representa-
' tive by the freeholders of either division, or after-
' wards of sitting in general assemblies, who shall not
' have one thousand acres of land, of an estate of
' freehold, in his own right, within the division for
' which he shall be chosen ; and that no freeholder shall

* be capable of voting in the election of such represen-

' tative

16. You

u. This clause was soon altered as follows:

' AxsER.
'Additional instructions to our right trusty and well beloved Edward

'lord Cornbury, our captain general and governor in chief, in

'and over our province of Nova-Csesaria, or New-Jersey, in

'America: Given at our court of St. James's, the third of May

1 1705, in the fourth year of our reign.

' WHEREAS by a clause tn our general instructions to you, for
'the government of our province of New-Jersey, the representa-
' tives for the general assembly of that province are appointed to
'be chosen as follows, viz. two by the inhabitants house holders
'of the city or town of Perth-Amboy, in East New-Jersey ; two
' by the inhabitants house holders of the city and town of Burlington,
'in West New-Jersey; ten by the freeholders of East New-Jersey,
'and ten by the freeholders of West New-Jersey: And it having
'been represented to us by you our governor, that several inconveni-
' encies have arisen from the aforesaid manner of chusing representa-
' tives; it is our will and pleasure, and you are accordingly to make
'the same known in the most publick manner, that the method for
'chusing representatives for 'th« future be as follows, viz. two by
'the inhabitants house holders of the city or town of Perth-Amboy,
'in Ka*t New-Jersey, and two by the freeholders of each ot the
'five counties of the 'said division of East New- Jersey ; two by the
'inhabitants housholders for the city or town of Burlington, in
' \\Y-t New-Jersey ; two by the inhabitants householders of the town
'of Salem, in the said division, and two by the freeholders of each
'of the four counties in the said division of West New-Jersey ;
'which persons so to be chosen make up together the number of
'twenty four representatives, as limited by our former instructions.

'Anil it is our further will and pleasure, that no person shall be
'capable of being elected a representative by the freeholders of
'either division as aforesaid, or afterwards of sitting in general
'assemblies who shall not have one thousand acres of land of an
' » -tate. of freehold in his own right, within the division for which
'he shall l»e chosen, or personal estate in money, goods or chattels,
' to th»- value of live hundred pounds sterling; and all inhabitants
'of our said province being so qualified as aforesaid, are hereby de-
'clared capable of being elected accordingly : And it is likewise our

' pleasure

OF NEW-JERSEY. 235

' tative, who shall not have one hundred acres of land A^D.
'of an estate of freehold in his own right, within the
'division for which he shall so vote: And that this
' number of representatives shall not be enlarged or
' diminished, or the manner of electing them altered,

* otherwise than by and act or acts of the general assem-
' bly there, and confirmed by the approbation of us,

* our heirs and successors.'*-

236 THEHISTORY

A. D. ' 1.6. You are with all convenient speed to cause a

1702. 'collection to be made of all the laws, orders, rules,
4 or such as have hitherto served or been reputed as laws
4 amongst the inhabitants of our said province of Nova-
4 Caesaria, or New-Jersey, and, together with our afore-
4 sard council and assembly, you are to revise, correct,
' and amend the same, as may be necessary ; and accord-
( ingly to enact such and so many of them, as by you
' with the advice of our said council and assembly, shall
' be judged proper and conducive to our service, and
4 the welfare of our said province, that they may be
i transmitted unto us, in authentic form, for our appro-
4 bation or disallowance.

1 17. You are to observe in the passing of the said
i laws, and of all other laws, that the stile enacting the
4 same, be by the governor, council and assembly, and
' no other.

' 18. You are also as much as possible to observe, in

* the passing of all laws, that whatever may be requisite

' upon

'pleasure, that no freeholder shall be capable of voting in the
'election of such represent alives, who shall not have one hundred
'acres of land of an estate of freehold in his own right, within
'the county for which he shall so vote, or a personal estate in
'money, goods or chattels, to the value of fifty pounds sterling;
'and all freeholders in our said province being so qualified as afore-
'said, are hereby declared capable of voting in the election of

* representatives; which number of representatives shall not be
'enlarged or diminished, or the manner of electing them thereby
'directed, altered there, otherwise than by an act or acts of the
'general assembly, to be confirmed by the approbation of us, our
'heirs and successors. And whereas it may be inconvenient, that
'the governor and lieutenant governor of our said province of New-
' Jersey, for both of them to be absent from thence at the same
'time; it is our will and pleasure, that as soon as the general assem-
'ble of our said province shall have provided a house, and our
'lieutenant governor with a convenient room for the meeting of
'our council, and settled convenient salaries, which you are in our
'name to press them to do, that either you or. our lieutenant
'governor, do constantly reside in our said province, and that you
'be not both absent at the same time: It is likewise our will and
'pleasure, that no fees be exacted or taken by any of the officers
'under you, for the grants of lands made by the agents ol the
'proprietors; arid the said agents are to deliver to you in council,
4 duplicates of all such grants to be registered in our council books.

O F N E W - J E R S E Y . 23T

* upon each different matter, be accordingly provided A: D.
' for by a different law, without intermixing in one 1702.
4 and the same aet, such things as have no proper rela-

' tion to each otlier ; and you are especially to take eare
4 that no clause or clauses be inserted in, or annexed to
' any act, which shall be foreign to what the title of
'such respective act imports.

' 19. You are to transmit authentic copies of the
'fore-mentioned laws that shall be enacted, and of all
4 laws, statutes, and ordinances, which shall at any time
' hen after be made or enacted within our said province,
4 each of them separately, under the publick seal,
' unto us, and to our said commissioners for trade and
' plantations, within three months or by the first oppor-

* tunity after their being enacted, together with dupli-
' cates thereof by the next conveyance, upon pain of
'our high displeasure* and of the forfeiture of that
1 year's salary, wherein you shall at any time, or upon
4 anv pretence whatsoever, omit to send over the said
1 laws, statutes and ordinances as aforesaid, within the
' time above limited, as also of such other penalty as
1 we shall please to inflict. But if it shall happen, that
'during time of war, no shipping shall come from our
4 said province, or other our adjacent or neighbouring
4 plantations, within three months after the making
4 such laws, statutes, and ordinances, whereby the same
4 may be transmitted as aforesaid, then the said laws,
4 statutes and ordinances are to be so transmitted as
'aforesaid, by the next conveyance after the making
' thereof whenever it may happen, for our approbation
'or disallowance of the same.

' 20. You are to take care, that in all acts or orders
4 to he passed within that our province in any case for
4 levying money or imposing fines and penalties, ex-
" piv.-s mention be made that the same is granted or
' iv-crvcd to us, our heirs or successors, for the publick

* uses of that our province, and the suppcrt of the-
4 government thereof, as by the said act or orders shall

* be directed.

<21. And

'238 T H E H I S T O R Y

A- IX < 21. And we do particularly require and command,

' that no money, or value of money whatsoever, be
' given or granted by any act or order of assembly, to
' any governor, lieutenant governor, or commander
' in chief of our said province, which shall not accord-

* ing to the stile of acts of parliament in England, be
' mentioned to be given and granted unto us, with the
' humble desire of such assembly, that the same be
' applied to the use and behoof of such governor, lieu-
' tenant governor, or commander in chief, if we shall
' so think fit ; or if we shall not approve of such gift or
1 application, that the said money or value of money,
' be then disposed of and appropriated to such other
'uses as in the said 'act or order shall be mentioned ; and
< that from the time the same shall be raised, it remain
' in the hands of the receiver of our said province until
( our royal pleasure shall be known therein.

1 22. You shall also propose with the said general
( assembly, and use your utmost endeavours with them,
' that an act be passed for raising and settling a publick
' revenue for defraying the necessary charge of 'the
' government of our said province, in which provision
' be particularly made for a competent salary to your-
' self, as captain general and governor in chief of our
' said province, and to other our succeeding captain
' generals, for supporting the dignity of the said office,
' as likewise due provision for the salaries of the respec-
' tive members of our council and assembly, and of
' all other officers necessary for the administration of
' that government.

' 23. Whereas it is not reasonable that any of our
' colonies or plantations should by virtue of any exemp-
f tions or other privileges whatsoever, be allowed to

* seek and pursue their own particular advantages, by
' methods tending to undermine and prejudice our
' other colonies and plantations, which have equal title
' to our royal care ; and whereas the trade and welfare
4 of our province of New- York, would be greatly
•' prejudiced, if not entirely ruined, by allowing unto
4 the inhabitants of Nova-Csesaria, or New-Jersey,

'any

OF NEW-JEftSEY. 239

'any exemption from those charges, which the inha- ^'/P*
Mutants of New- York are liable to; you are therefore
' in the settling of a public revenue as before directed,
M<> propose to the assembly, that such customs, duties
'and other impositions be laid upon all commodities
'imported or exported in or out of our said province
' of \ova-( 1:esaria, or New Jersey, as may equal the
< charge that is or shall be laid upon the like commo-
•Slities in our province of New- York.

' 24. And whereas we are willing in the best manner

* to provide for the support of the government of our
'said province, by setting apart sufficient allowances to
'such as shall be our governor or commander in chief,
' residing for the time being within the same; our will
'and plra-mv therefore is, that when it shall happen,
' that you shall be absent from the territories of Ne\v-
;. Jersey and New- York, of which we have appointed
'you governor, one full moiety of the salary and of all
' perquisites and emoluments whatsoever, which would
'otherwise become due unto you, shall, during the
'time of your absence from the said territories, be paid
'and satistied unto such governor or commander in
4 chief who shall be resident upon the place for the
•time being, which we do hereby order and allot unto
•him towards his maintenance, and for the better sup-

* port of the dignity of that our government.

• '2't. \Vherea> great prejudice may happen to our
'-••rviee and the security of our said province under
"your government by your absence from those parts,
'without a sufficient cause and -especial leave from us;
'for prevention thereof, you are not upon any pretence
' whatsoever, to come to Europe from your govern-
' meiit, without first having obtained 'leave for so
•doing, under our signet and sign manual, or by our
' order in our privv council.

' -Mi. You are not to permit any clause whatsoever to
4 he inserted in any law for the levying money, or the
'value of money, whereby the same shall not' be made
'liable to be accounted for unto us here in England,
'and to our high treasurer, or to our commissioners of
'our tr-uMiry lor the time being. '27. You

240 THE HISTORY

A. D. < 27. You are to take care that fair books of accounts

' 'of all receipts and payments of all such money be
' duly kept, and the truth thereof attested upon oath,
'and that the said books be transmitted every half year
' or oftner, to our high treasurer, or to our commis-
' sioners of our treasury for the time being, and to our
' commissioners for trade and plantations, and duplicates
' thereof by the next conveyance ; in which books shall
' be specified every particular sum raised or disposed of,
' together with the names of the persons to whom any
( payment shall be made, to the end we may be satis-
1 fied of the right and due application of the revenue of
' our said province.

' 28. You are not to suffer any pub-lick money what-
' soever, to be issued or disposed of otherwise than by
' warrant under your hand, by and with the advice
1 and consent of our said council ; but the assembly

* may be nevertheless permitted from time to time to

* view and examine the accounts of money, or value
' of money disposed of by virtue of laws made by
' them, which you are to signify unto them as there
'shall be occasion.

' 29. And it is our express will and pleasure, that
' no law for raising any imposition of wines or other
' strong liquors, be made to continue for less than one
' whole year ; as also that all laws whatsoever for the
'good government and support of our said province,
' be made indefinite, and without limitation of time,
' except the same be for a temporary end, which shall
' expire and Jiave its full effect within a certain time.

' 30. And therefore you shall not re-enact any law
' which shall have been once enacted there by you,
' except upon very urgent occasions, but in no case
' more than once without our express consent.

' 31. You shall not permit any act or order to pass
' in our said province, whereby the price or value of the
'current coin within your government, (whether it be
' foreign or belonging to our dominions) may be
' altered, without our particular leave or direction for
' the same.

'32. And

OF NEW-JERSEY. 241

'32. And you are particularly not to pass any law A_. D.
' or do any act, by grant, settlement, or otherwise,
' whereby our revenue, after it shall be settled, may be
1 lessened or impaired, without our especial leave or
1 commands therein.

;. You shall not remit any fines or forfeitures
'whatsoever, above the sum of ten pound**, nor dis-
' pose of any escheats, fines or forfeitures whatsoever,

* until, upon signifying unto our high treasurer, or to
' our commissioners of pur treasury for the time being,
'and to our commissioners lor trade and plantations,
' the nature of the offence and the occasion of such
' fines, forfeitures, or escheats, with the particular
' sums or value thereof, (which you are to do with all
' speed) you shall have received our directions therein ;
' but you inav in the mean time suspend the payment
'of the said fines and forfeitures.

1 34. You are to require the secretary of our said

* province, or his deputy for the time being, to furnish

'you with transcripts of all such acts and publiek •

'orders as shall be made from time to time, together

' with a copy of the journals of the council, to the end

' the same may be transmitted unto us, and to our coin-

' missioners for trade and plantations as above directed,

' which he is duly to perform, upon pain of incurring

1 the forfeiture of his place.

' 3;~). You arc also to require from the clerk of the
'assembly, or other proper officer, transcripts of all
' the journals and other proceedings of the said assem-
' bly, to the end the same may in like manner be trans-
' mitted as aforesaid.

'36. Our will and pleasure is, that for the better
'quieting the minds of our good subjects, inhabitants
' of our said province, and for settling the properties
'and pn^-cisinns of all persons concerned therein, either
^•niTal proprietors of the soil under the first origi-
' nal grant of the said province, m-ule by the late king
' Charles the second, to the late duke of York, or as
' particular purchasers of any parcels of land from the
'said general proprietors, you shall propose to the

Q ' general

242 THE HISTORY

A. D. < general assembly of our said province, the passing of
'such act or acts, whereby the right and property of
' the said general proprietors, to the soil of our said
' province, may be confirmed to them, according to
' their respective rights and title ; together with all such
' quit-rents as have been reserved, or are or shall
' become due to the said general proprietors, from the
' inhabitants of our said province ; and all such privi-
' leges as are expressed in the conveyances made by the
'said duke of York, excepting only the right of
' government, which remains in us : And you are
' further to take care, that by /the said act or acts so to
< be passed, the particular titles and estates of all the
* inhabitants of that province, and other purchasers
' claiming under the said general proprietors, be con-
' firmed and settled as of right does appertain, under
' such obligations as shall tend to the best and speediest
' improvement or cultivation of the same. PROVIDED
' ALWAYS, that you do not consent to any act or acts,
'to lay any tax upon lands that lie unprofitable.

' 37. You shall not permit any other person or
' persons besides the said general proprietors, or their
' agents, to purchase any land whatsoever from the
' Indians within the limits of their grant.

1 38. You are to permit the surveyors and other persons
' appointed by the forementioned general proprietors of
' the soil of that province, for surveying and recording
' the surveys of land granted by and held of them, to
'execute accordingly their respective trusts : And you
' are likewise to permit, and if need be, aid and assist
'such other agent tor agents, as shall be appointed by
' the said proprietors for that end, to collect and receive
' the quit-rents which are or shall be due unto them,
'from the particular possessors of any parcels or tracts
' of land from time to time. PROVIDED ALWAYS,
' that such surveyors, agents or other officers appointed
' by the said general proprietors, do not only take
' proper oaths for the due execution and performance
'of their respective offices or employments, and give
' good and sufficient security for their so doing, but that

' they

O» NEW-JERSEY, 243

•* they likewise take tlie oaths appointed by act of par- A. D.

' 1 lament to he taken instead of the oaths of allegiance 1702.

'ami supreiiiaey, and the oath mentioned in the afore-

( said art, entitled, An act to declare the alteration in tfie

1 (Kith appointed to be taken by the act, entitled, An act

* for flu1 further wvurity of his majesty's person and the

4 .v///v. -NX/OH, of the crown in the protestant line, and for

' extinguishing the hopes of the pretended prince of Wales,

'and all other pretenders, and their open and secret

( abettors, and for declaring the association to be deter-

'mini'il; as also the forementioned test. And you are

1 more particularly to take care that all lands purchased

4 from the said proprietors, be cultivated and improved

M)\- the possessors thereof.

' 39. You shall transmit unto us, and to our com-
' missioners tor trade and plantations, by the first oppor-
•* tunity, a map with the exact description of our whole
' territory under your government, and of the several
1 plantations that are upon it.

' 40. You are likewise to send a list of officers
'employed under your government, together with all
4 puMick charges.

' 41. You shall not displace any of the judges,
"justices, sheriffs, or other officers or ministers within

* our said province, without good and sufficient cause to

* he signified unto us, and to our said commissioners for
4 trade and plantations; and to prevent arbitrary remo-
4 val ef judges and justices of the peace, you shall not
'express any limitation of time in the commissions

* which you are to grant, with the advice and consent
'of the council of our said province, to persons fit for
4tho<c employments, nor shall you execute yourself,
4 or by deputy, any of the said offices, nor suffer any

* persons to execute more offices than one by deputy.

\'l. Whereas we are given to understand, that

1 there ar.- several ottins within our said province

ited under the "Teat seal of England, and that our

'ice may In- very much prejudiced by reason of the

'absence of the patentees, and by their appointing

'deputies not tit to officiate in their stead; you are

' therefore

244 THE HISTORY

A. D. < therefore to inspect the said offices, and to inquire into
• f the capacity and behaviour of the persons now exer-
'cising them, and to report thereupon to us, and to
' our commissioners, for trade and plantations, what
'you think n't to be done or altered in relation there-
* unto ; and you are upon the misbehaviour of any of
^he said patentees, or their deputies, to suspend them
'from the execution of their places, till you shall have
' represented the whole matter and received our directi-
' ons therein ; but you shall not by colour of any power
1 or authority hereby or otherwise granted or mentioned
' to be granted unto you, take upon you to give, grant
' or dispose of any office or place within our said pro-
' vince, which now is or shall be granted under the
' great seal of England, any further than that you may
' upon the vacancy of any such office or place, or sus-
i pension of any such officer by you as aforesaid, put
1 in any fit person to officiate in the interval till you
'shall have represented the matter unto us, and to our
'commissioners for trade and plantations as aforesaid,
' (which you are to do by the first opportunity) and
'till the said office or place be disposed of by us, our
( heirs or successors, under the great seal of England,
' or that our further directions be given therein.

' 43. In case any goods, money, or other estate of
'pirates, or piratically taken, shall be brought in, or
' found within our said province of Nova-Caesaria, or
' New-Jersey, or taken on board any ships or vessels,
'you are to cause the same to be seized and secured
' until you shall have given us an account thereof, and
' received our pleasure concerning the disposal of the
' same : But in case such goods or any part of them are
' perishable, the same shall be pubKckly sold ami dis-
' posed of, and the produce thereof in like manner
'secured until our further order.

'44. And whereas commissions have been granted

'unto several persons in our respective plantations in

America, for the trying of pirates in those parts pur-

' suant to the act for the more effectual suppression of

' piracy, and by a commission already sent to our pro-

OF N E \V - J E R S E Y . 245

* vfnce of New- York, you (as captain general and
' governor in chief of our said province of New- York)
4 are empowered, together with others therein menti-
' oncd, to proceed accordingly in reference to our pro-
4 vinces of New- York, New Jersey, and Connecticut;
'our will and pleasure is, that in all matters relating

* to pirates, you govern yourself according to the
4 intent of the act and commission aforementioned; but
4 whereas accessaries in cases of piracy beyond the seas,
i arc by the same act left to be tried in England,
'according to the statute of the second of king Henry
' the eighth, we do hereby further direct and require
4 you to send all such accessaries in cases of piracy in
' our aforesaid province of Nova-Ca3saria or New-
' Jer-ev, with the proper evidences that you may have
4 against them, into England, in order to their being
4 tried here.

' 45. You shall not erect any court or office of judi-
' cat ure, not before erected or established, without our
•' « ^peeial order.

' 4G. You are to transmit unto us and to our com-
' missioners for trade and plantations, with all conve-
1 nient speed, a particular account of all establishments
'of jurisdictions, courts, offices, and officers, powers,
' authorities, fees and privileges, which shall be
' granted or settled within the said province, by virtue
4 and in pursuance of ortr commission and instructions
'to you our captain general and governor in chief of
' the same, to the end you may receive our further
' direction therein.

4 47. And you are with the advice and consent of
'our said council, to take especial care to regulate all
salaries and fees belonging to places, or paid upon
emergencies, that they be within the bounds of mode-
ration, and that no exaction be made on any occasion
whatsoever ; a- also, that tables of all fees be pub-
lickly hung up in all places where such fees are to be
paid ; and you are to transmit copies of all such tables
off'er^ in u-. and to our commissioners for trade and
plantations as aforesaid.

'48. Whereas

246 THE HISTORY

A. D. < 48. Whereas it is necessary that our rights and

1702. t (jueg i)e preservefi and recovered, and that speedy and
'effectual justice be administered in all cases relating to
' our revenue, you are to take care, that a court of
' exchequer be called and do meet at all such times as
' shall be needful, and you are to inform us and our
'commissioners for trade and plantations, whether our
'service may require that a constant court of exchequer
' be settled and established there.

1 49. You are to take care that no man's life, mem-
' ber, freehold, or goods be taken away or harmed in
' our said province, otherwise than by established and
' known laws, not repugnant to, but? as much as may
' be, agreeable to the laws of England.

' 50. You shall administer, or cause to be aclmini-
'stred, the oaths appointed by act of parliament to be
'taken instead of the oaths of allegiance and supremacy,
' and the oath mentioned in the aforesaid act, entitled,
' An act to declare the alteration' in the oath appointed
' to be taken by the act, entitled, An act for the further
' security of his majesty's person,,. and the succession of the
' crown in the protestant line, and for extinguishing the
' hopes of the pretended prince of Wales, and all other
'pretenders, and their open and secret abettors, and for
' declaring the association to be determined ; as also the
' forementioned test, to the members and officers of
' the council and assembly, arfd to all judges, justices,
' and all other persons that hold any office or place of
'trust or profit in the said province, whether by virtue
' of any patent under our great seal of England, or
' otherwise, without which you are not to admit any
'person whatsoever into any publick office, nor suffer
' those who have been admitted formerly to continue
' therein.

1 51. You are to permit a liberty of conscience to
' all persons (except papists) so they may be contented
* with a quiet and peaceable enjoyment of the same,
'not giving offence or scandal to the government.

' 52. And whereas we have been informed, that
'divers of our good subjects inhabiting, those parts,

'do-

OF NEW- JERSEY. 247

' d<» make a religions scruple of swearing, and by reason A. D.

' of their refusing to take an oath in courts of justice 1702« „

'and other places, are or may be liable to many incon-

' veniencies; our will and pleasure is, that in order to

' their ease in what they conceive to be matter of con-

' science, so far as mav be consistent with good order

'and <n»vernment, yon take care, that an act be passed

'in the general assemblv of our said province, to the

' like elVect as that passed here in the seventh and eighth

'years of his majesty's reign, entitled, An act, that

' the wife mn affirmation and declaration of the people

' culled (Jiiakci-x, shall be accepted, instead of an oath in

'flu- usual form, &nd that the same be transmitted to

4 ii-, and to our commissioners for trade and plantations

' as before directed.

• .",:;. And whereas we have been further informed,
' that in the first settlement of the government of our
' said province, it may so happen, that the number of
' inhabitants fitly qualified to serve in our council in
'the general assembly, and in other places of trust or
4 prolit there, will be but small ; it is therefore our will
' and pleasure, that such of the said people called
4 <|inkers, as shall be found capable of any of those
' places or employments, and accordingly be elected or
'appointed to serve therein, may upon their taking
' and signing the declaration of allegiance, to us in the
' form used by the same people here in England, toge-
' ther with a solemn declaration for true discharge of
' their respective trusts, be admitted by you into any
' of the said places or employments.

* "> I. You shall send an account unto us, and to our
' commissioners for trade and plantations, of the pre-
' sent number of planters and inhabitants, men women
'and children, as well masters as servants, free and
' un five, and of the slaves in our said province, as
'also a yearly account of the increase or decrease of
' them, and how many of them are fit to bear arms in
' the militia of our said province.

4 55. You shall also cruise an account to be kept of
' all persons born, christened and buried, and you

' shall

248 THE HISTORY

A. D. < shall yearly send fair abstracts thereof to us, and to our
170 * * commissioners for trade and plantations as aforesaid.

* 56. You shall take care, that all planters and chri-
' stian servants, be well and fitly provided with arms,
' and that they be listed under good officers, and when
'and as often as shall be thought fit, mustered and
' trained, whereby they may be in a better readiness
' for the defence of our said province under your
' government ; and you are to endeavour to get an act
' pass'd, (if not already done) for apportioning the
' number of white servants to be kept by every planter.

' 57. You are to take especial care, that neither the
'frequency, nor unreasonableness of their marches,
' musters and trainings, be an unnecessary impediment
'to the affairs of the inhabitants.

' 58. You shall not, upon any occasion whatsoever,
'establish, or put in execution, any articles of war,
'or other law martial, upon any of our subjects, inha-
' bitants of our said province, without the advice and
' consent of our council there.

' 59. And whereas there is no power given you by
'your commission, to execute martial law in time of
€ peace upon soldiers in pay, and that nevertheless it

* may be necessary that some care be taken for the
' keeping of good discipline amongst those, that we

* may at any time think fit to send into our said pro-
' vince, (which may properly be provided for by the
' legislative power of the same) you are therefore to
'recommend to the general assembly of our said pro-
' vince, that they prepare such act or law for the punish-
' ing of mutiny, desertion and false musters and for
'the better preserving of good discipline amongst the
' said soldiers,, as may best answer those ends.

' 60. And whereas upon complaints that have been
'made of the irregular proceedings of the captains of
' some of our ships of war, in the pressing of seamen
'in several of our plantations; we have thought fit to
' order, and have given directions to our high admiral
'accordingly, that when any captain or commander
' of any of our ships of war, in any of our said plan-

' tatious

O F N E W - J E R S E Y . 249

Nations, shall have occasion for seamen, to serve on A.D.
'board our ships under their command, they do make
'their applications to the governors, and commanders
'in chief of our plantations respectively, to whom

* a.- vice admirals, we are pleased to commit the sole

* power of impressing seamen in any of our plan-
' tat ions in America, or in sight of any of them, you
' are therefore hereby required upon such application
' made to you, by any of the commanders of our
'said ships of war within our province of Nova-Cse-
' saria, or New- Jersey, to take care that our said ships
' of war, be furnished with a number of seamen that
' may be necessary for our service on board them from
' time to time.

'01. And whereas together with other powers of
' vice admiralty, you will receive authority from our
' dearest husband prince George of Denmark, our
' high admiral of England, and of our plantations,
1 upon the refusal or neglect of any captain or com-
' mander of any of our ships of war, to execute the
' written orders he shall receive from you for our ser-

* vice, and the service of our province under your
' government, or upon his negligent or undue execu-
' tion thereof, to suspend him, such captain or com-
' mander from the exercise of his said office of captain
' or commander, and to commit him into safe custody
' either on board his own ship or elsewhere, at your
' discretion, in order to his being brought to answer for
' such refusal or neglect, by commission either under
' our great seal of England, or from our high admiral,
' or our commissioners for executing the office of our
' high admiral of England for the time being.

' 62. And whereas you will likewise receive direc-

* tions from our said dearest husband, as our high admi-
4 ral of England, and of our plantations, that the cap-
' tain or commander, so bv yon suspended, shall during
'such his suspension and commitment, be succeeded in
' his said office by such commission or warrant officer
'of our said ship, appointed by our said high admiral
' of England, or bv our commissioners for executing

'the

250 T H K HISTORY

A. B. < the office of our high admiral of England for the time
1702. 'being, as by the known practice and discipline of
' our navy, does and ought to succeed him next as in
' case of death, sickness, or other ordinary disability
' happening to the commander of any of our ships of
' war and not otherwise, you standing also accountable
' for the truth and importance of the crime and mis-
' demeanor, for which you shall so proceed to the sus-
' pending of such our captarn or commander ; you are
' not to exercise the said power of suspending any such
' captains or commanders of our ships of war, other-
' wise than by virtue of such commission or authority
* from our said high admiral ; any former custom or
' usage to the contrary notwithstanding.

1 63. Whereas it is absolutely necessary, that we be
'exactly informed of the state of defence of all our
f plantations in America, as well in relation to the
'stores of war that are in -each plantation, as to the
( forts and fortifications there, and what more may be
' necessary to be built for the defence and security of
' the same ; you are so soon as possible, to prepare an
' account thereof, with relation to our said province
' of Nova-Csesaria, or New-Jersey, in the most par-
' ticular manner, and you are therein to express the
'present state of the arms, ammunition, and other
' stores of war, either in any publick magazines, or
' in the hands of private persons, together with the
'state of all places either already fortified, or that
'you judge necessary to be fortified for the security of
' our said province ; and you are to transmit the said
'account to us, and to our commissioners for trade
' and plantations by the first opportunity, and other
' like accounts yearly in the same manner.

' 64. And that we may be the better informed of
' the trade of our said province, you are to take espe-
' cial care, that due entries be made in all ports in our
'said province of all goods and commodities, their
' species or quantities imported or exported from thence,
' with the names, burden, and guns of all ships im-
' porting and exporting the same, also the' names of

' their

O F N E \V - J E R S E Y . 251

'their commanders, and likewise expressing from and
' to what places the said ships do come and go, a copy
' whereof the naval officer is to furnish you with, and
'you are to transmit the same unto us, or our high trea-
' surer, or our commissioners of our treasury tor the
'time being, and to our commissioners for trade and
1 plantations quarterly, and duplicates thereof by the
' next conveyance.

' 65. And whereas great losses have been sustained

by our subjects, trading to our plantations in 'America,

by ships sailing from those parts without covoy, or

without the company of other ships, which might

protect them from our enemies, by which means

many of them have been taken by the French in their

return to England; to the end therefore the ships of

' our subjects may be the better secured in their return

' home, you are to tafce care that during this time of

' war, no ships trading to our province of Nova-Cfifc-*

' saria, or New Jersey, be permitted to come from.

1 thence to England, but in fleets,, or under the convoy

' or protection of some of our ship* of war, or at such

' a time as you shall receive notice from hence, of their

' meeting such convoys, as may be appointed for the

' bringing them safe to some of our ports in this king-

' dom ; and in case of any danger, you are to expect

' directions from hence, what precautions shall be

1 further necessary for their security.

1 66. You are likewise to examine what rates and
' duties are charged and payable upon any goods im-
' ported or exported within our province of Nova-
' Caesaria, or New-Jersey, whether of the growth or
' manufacture of the said province or otherwise, and
' to use your best endeavours for the improvement of
' the trade in those parts.

' 67. And whereas orders have been given for the
' commissionating of fit persons to be officers of our
' admiralty and customs in our several plantations in
' America ; and it is of great importance to the trade
' of this kingdom, and to the welfare of all our plan-
' tatious, that illegal trade be every where discouraged.

'You

252 THEHISTORY

r**0?" ' ^r°U are tnerefore to ta^e esPecial care, that the acts
' of trade and navigation be duly put in execution ;
' and in order thereunto, you are to give constant pro-
1 tection and all due encouragement to the said officers
' of our admiralty and customs, in the execution of

* their respective offices and trusts within our territories

* under your government.

' 68. You are from time to time to give an account
'as before directed, what strength your bordering
'neighbours have, be they Indians or others, by sea
4 and land, and of the condition of their plantations,
4 and what correspondence you do keep with them.

' 69. You shall take especial care, that God Al-
4 mighty be devoutly and duly served throughout your

* government, the book of common prayer as by law
'established, read each Sunday, and holy-day, and the
'blessed sacrament administered according to the rites
' of the church of England.

' 70. You shall be careful that the churches already
4 built there, be well and orderly kept, and that more
4 be built, as the colony shall by God's blessing be
4 improved ; and that besides a competent maintenance
'to be assigned to the minister of each orthodox church,

* a convenient house be built at the common charge
'for each minister, and a competent proportion of
4 land assigned to him, for a glebe and exercise of his

* industry.

'71. And you are to take care, that the parishes be
'so limited and settled, as you shall find most conve-
' nient for the accomplishing this good work.

' 72. You are not to prefer any minister to any eccle-
' siastical benefice in that our province, without a cer-
' tificate from the right reverend father in God the
' lord bishop of London, of his being conformable to
'the doctrine and discipline of the church of England,
' and of a good life and conversation : And if any
' person already prefer'd to a benefice, shall appear to
' you to give scandal either by his doctrine or manners,
' you are to use the best means for the removal of him,
' and to supply the vacancy in such manner as we have
'directed. '73. You

OF NEW- JERSEY. 253

' 73. You are to give order, that every orthodox A. D.
'minister within your government, be one of the
'vestry in his respective parish, and that no vestry be
'field 'without him, exeept in case of sickness, or that
'after the notice of a vestry summon'd, he omit to
' come.

' 74. You are to enquire whether there be any mini-
'ster within your government, who preaches and
'administers the sacraments in any orthodox church or
'chapel, without being in due orders, and to give
' account thereof to the said lord bishop of London.

' 75. And to the end the ecclesiastical jurisdiction of
' the said lord bishop of London, may take place in
'our said province so far as conveniently may be, we do
' think fit that you give all countenance and encourage-
' ment to the exercise of the same, excepting only the
'collating to benefice%, granting licences for marri-
' ages, and probate of wills, which we have reserved
' to you our governor and the commander in chief of
' our said province for the time being.

' 76. And you are to take especial care, that a table
'of marriages established by the cannons of the church
'of England, be hung up in every orthodox church,
' and duly observed, and you are to endeavour to get a
1 law passed in the assembly of our said province, (if
' not already done) for the strict observation of the
' said table.

' 77. You are to take care, that drunkenness and
' debauchery, swearing and blasphemy, be diseounte-
' tenanced and punished : And for the further discoun-
' tenance of vice, and encouragement of virtue and
'good living, (that by such example the infidels may
' be invited and desire to partake of the Christian reli-
*gion) you are not to admit any person to publick
' trusts and employments in our said province under
'your government, whose ill lame and conversation
' may occasion scandal.

' 78. You are to suppress the ingrossing of co:nmo-
'dities as tending to the prejudice of that freedom
' which commerce and trade ought to have, and to

' settle

254 T H E H I S T O R Y

1702* 'settle such orders and regulations therein with the
'advice of the council, as may be most conducive to
' the benefit and improvement of that colony.

' 79. You are to give all due encouragement and
' invitation to merchants and others, who shall bring
' trade unto our said province, or any way contribute
1 to the advantage thereof, and in particular the royal
' African company of England.

1 80. And whereas we are willing to recommend
'unto the said company, that the said province may
' have a constant and sufficient supply of merchantable
e Negroes, at moderate rates, in money or commodi-
' ties ; so you are to take especial care, that payment
' be duly made, and within a competent time accord-
4 ing to their agreements.

'81. And you are to take care, that there be no
'trading from our said province to any place in Africa,
' within the charter of the royal African company,
•' otherwise then prescribed by an act of parliament,
' entitled, An act to settle the trade to Africa.

' 82. And you are yearly to give unto us, and to our
'commissioners for trade and plantations, an account
' of what number of Negroes our said province is
' yearly supplied with, and at what rates.

' 83. You are likewise from time to time, to give
' unto us, and to our commissioners for trade and
4 plantations as aforesaid, an account of the wants and
' defects of our said province, what are the chief
''products thereof, what new improvements are made
4 therein by the industry of the inhabitants or planters,
4 and what further improvements you conceive may be
4 made, or advantages gained by trade, and in what
4 manner we may best advance the same.

4 84. You are not to grant commissions of marque
1 or reprisals, against any prince or state, or their
' subjects in amity with us, to any person whatsoever,
* without our especial command.

' 85.* Our will and pleasure is, that appeals be made
' in cases of error from the courts in our said province
4 of Nova-Cyesaria, or New-Jersey, unto you and the

' council

OF NEW-JERSEY. 255

* council there ; and in your absence from our said

< province, to our commander in chief for the time
' being, and our said council, in civil causes, wherein

* such of our said council as shall be at that time judges

< of the court from whence such appeal shall be made

< to you our governor, and council, or to the com-

* 1 1 milder in chief for the time being, and council as
'aforesaid, shall not be admitted to vote upon the

* said appeal, but they may nevertheless be present at

* the hearing thereof, to give the reasons of the judg-
4 incut given by them, in the cause wherein such appeal

< shall be made. PROVIDED NEVERTHELESS, that in
1 all such appeals, the sum or value appealed for exceed
' one hundred pounds sterling, and that security
' be first duly given by the appellant to answer such
' charges as shall be awarded in case the first sentence
' be affirmed.

' 86. And if either party shall not rest satisfied with
' the judgment of you, or the commander in chief for

* the time being, and council as aforesaid ; our will

* and pleasure is, that they may then appeal unto us,
4 in our privy council, provided the sum or value so

* appealed for unto us, do exceed two hundred pounds
4 sterling, and that such appeal be made within four-
' tccn days after sentence; and that good security be
•* given by the appellant, that he will effectually pro-

* smite the same, and answer the condemnation, as
' also pay such costs and damages as shall be awarded
' by us, in case the sentence of you, or the commander
' in chief for the time being, and council, be affirmed.
' And provided also, that execution be not suspended
' by reason of any such appeal to us.

' 87. You are also to permit appeals to us in council,
1 in all cases of fines imposed for misdemeanors ; pro-
4 vided the lines so imposed, amount to or exceed the
' value of two hundred pounds, the appellant first
'giving good security, that he will effectually prose-
4 cute the same, and answer the condemnation, if the
4 sentence by which such fine was imposed in our said
4 province of Nova-Caesaria, or .New-Jersey, shall be
4 confirmed. * ' 88. You

256 THE HISTORY

A. D. ' 88. You are for the better administration of

1702. 'justice, to endeavour to get a law passed (if not already

'done) wherein shall be set the value of men's estates,

' either in goods or lands, under which they shall not

' be capable of serving as jurors.

( 89. You shall endeavour to get a law pass'd for
' the restraining of any inhuman severity, which by ill
' masters or overseers, nfay be used towards- their
' Christian servants, and their slaves, and that provision
' be made therein, that the wilful killing of Indians
' and Negroes may be punished with death, and that
' a fit penalty be imposed for the maiming of them.

' 90. You are also with the assistance of the council
'and assembly, to find out the best means to facilitate
' and encourage the conversion of Negroes and Indians,
' to the Christian religion.

' 91. You are to endeavour with the assistance of the
'council to provide for the raising of stocks, and
'building of publick work-houses, in convenient
' places, for the employing of poor and indigent
' people.

' 92. You are to propose an act to be passed in the
' assembly, whereby the creditors of persons becoming
' bankrupts in England, and having estates in our
' aforesaid province of New-Jersey, may be relieved
' and satisfied for the debts owing to them.

' 93. You are to encourage the Indians upon all
' occasions, so as they may apply themselves to the
' English trade and nation, rather than to any other of
' Europe.

' 94. And whereas the preservation of the northern
' frontiers of our province of New- York, against the
' attempts of any enemy by land, is of great impor-
' tance to the security of our other northern plantations
' on the continent of America, and more especially of
' our said province of New-Jersey, which lies so near
' adjoining to our province of New- York, and the
' charge of erecting and repairing the fortifications,
' and of maintaining the soldiers necessary for the
' defence of the same, is too great to be borne by the

' single

OF NEW -JERSEY. 257

' single province of New- York, without due contri- A_. I).

' hutioii.s from others concerned therein, for which 1702*

' reason, we have upon several occasions, required

' such contributions to be made, and accordingly

'settled a quota to regulate the proportions thereof;

'you an- tlierd'ore to take further care, to dispose the

' gnu-nil assembly of our said province of New-Jersey,

* to the raising of such other supplies, as are or may

' be ueressarv for the defence of our province of New-

' York, according to the signification of our will and

' pleasure therein, which has already been made to the

' inhabitants of New-Jersey, or which shall at any

'time hereafter be made to you our governor, or to

1 the commander in chief of our said province for the

' time being.

4 '.'">. And in case of any distress of any of our
' plantations, you shall upon application of the respec-
1 live governors to you, assist them with what aid the
' condition and safety of your government will permit,
'and more particularly in ease our province of New-
' York, be at any time attacked by an enemy, the
' assistance you are to contribute towards the defence
' thereof, whether in men or money, is according to
'the forementioned quota or repartition, which has
' already been signified to the inhabitants of our fore-
' said province under your government, or according
' to such other regulations as we shall hereafter make in
' that behalf, and signify to you or the commander in
'chief of our said province for the time being.

1 (.M). And for the greater security of our province
'of Ncw-.Jers»y, you are to appoint fit officers and
'commanders in the several parts of the country bor-
'dering upon the Indians, who upon any invasion.
' may raise men and arms to oppose them, until they
k slrill receive your directions therein.

k !»7. And whereas we have been pleased by our
•Commission to direct, that in case of your death or
'absence from our said province, and in case there be
4 at that time no per.-ou upon the place cornmissionated
' or appointed by us to be our lieutenant governor, or

R ' commander

258 THE HISTORY

' commanc'er in chief, the then present council of our
' said province, shall take upon them the administra-
tion of the government, and execute our said com-
' mission, and the several powers and authorities
' therein contained in the manner therein directed ; it
'is nevertheless our express will and pleasure, that in
' such case the said council shall forbear to pass any acts,
' but what are immediately necessary for the peace and
' welfare of our said province, without our particular
* order for that purpose.**.

' 98. You

ic. This article was afterwards supplied as follows:

'ANNE R.

'Additional instruction to our right trusty and well beloved Edward
'lord viscount Cornbury, our captain general and governor in
'chief of our province of New- Jersey, in America, and in his
'absence to our lieutenant governor and commander in chief of
4 our said province for the time being. Given at our court at
4 Kensington, the third day of May, in the sixth year of our
'reign, 1707.

'WHEREAS by a clause in our commission and instruction to you
*our captain general and governor in chief of our province of
'New-Jersey, it is directed, that upon your death or absence, in
'case there be no lieutenant governor appointed by us up* in the
'place, that then the council do take upon them the administration
'of the government, and that the eldesi councellor do preside as by
'the said commission and instructions is more particularly set
'forth; and we having observed, that this instruction has given
'occasion of many controversies and disputes between the president
'and the conncellors, and between the councellors themselves and
'otherwise, in several of our plantations, to the great hindrance of
'the publick business, and the prejudice and disturbance of our
'service there; our will and pleasure therefore is, that if upon
'your death or absence ihere be no person upon the place conunis-
'sionated by us to be our lieutenant governor or commander in
'chief, the eldest councellor whose name is first placed in our said
'instructions to you, and who shall be at that time of your dtath
'or absence residing within our said province of New- Jersey, shall
'take upon him the administration of the government and execute
'our said commission and instructions, and the several powers and
'authorities therein contained, in the same manner and to all intents
'and purposes, as either our governor or commander in chief should
'or ought to do in case of your absence, or until your return or
' in all cases until our further pleasure be known therein. So we
'bid you heartily farewel.

By her majesty's command,

SttNDERLAND.

The

O F 1ST E W - J E R S E Y . 259

' 98. You are to take care, that all writs be issued

* in our name throughout our said province.

' 99. Forasmuch as gmit inconveniencies may arise
' 1)\ tin- liberty of' printing in our said province, you
1 an- to provide by all necessary orders, that no person
' keep any pn-ss for printing, nor that any book, pam-
' phlet or other matters whatsoever be printed without
' your especial leave and license first obtained.

' 100. And if any thing shall happen that may be
4 of advantage and security to our said province, which

* is not herein, or by our commission to you provided
' for, we do hereby allow unto you, with the advice
'and consent of our council of our said province, to
1 take order for the present therein, giving unto us by
4 one of our principal secretary's of state, and to our
" e, munitioners for trad? and plantations, speedy notice
c thereof, that so you may receive our ratification if
' we shall approve of the same.

'101. PROVIDED ALWAYS, that you do not by

* any ml our of any power or authority hereby given
'yon, commence or declare war, without our know-
' ledge and particular commands therein, except it be

• against

The following instruction relates also to the council, and bears
<Iate in tin- same year.

N K K.

it trusty and well beloved, we greet you well: Whereas

re M-n<ihU- that effectual care ought to be taken to oblige the

^member* of our council to a due attendance therein, in order to

.prevent the many inconveniencies that may happen from the

j u:mt ot a quorum of the council to transact business as occasions

require; it is our will and pleasure, that if anv of the members

•of our said council -\rM hereafter wilfully absent themselves when

duly summoned, without a just and lawful cause, and shall persist

( therein alter admonition, you suspend the said councellors so

^•ii'Tiiting themselves till our further pleasure be known, giving

| us timely notice thereof; and we hereby will and require you

thai our royal pleasure be signified to the several members of our

^ Council iu New-Jeney, and that it be entered in the council books

ol our -aid province as a standing rule; so we bid you farewel.

n at our court of Ken>in<cton, the twentieth day of Novem-

1 • «», , in the the sixth year of our reign.

By her majesty's command,

SUNDKRLAND.'

260 T H E HISTORY

^70?' ' against Indians, upon emergencies, wherein the con-
'sent of our council shall be had, and speedy notice
' given thereof unto us as aforesaid.

' 102. And you are upon all occasions to send unto
' us by one of our principal secretary's of state, and
' to our commissioners for trade and plantations, a
' particular account of all your proceedings, and of
' the condition of affairs within your government.

103. And whereas the lords spiritual and temporal
1 in parliament, upon consideration of the great abuses
'practised in the plantation trade, did by an humble
1 address, represent to his late majesty, the great impor-
' tance it is of, both to this our kingdom and to our plan-
' tations in America, that the many good laws which
< have been made foe the government of the said planta-
tions, and particularly ihe act passed in the seventh
' and eighth years of his said majesty's reign, entitled,
1 An act for preventing frauds, and regulating abuses in
' the plantation trade, be strictly observed. You are
' therefore to take notice, that whereas notwithstanding
' the many good laws made from time to time, for pre-
' venting frauds in the plantation trade, it is nevertheless
1 manifest, that very great abuses have been and con-
1 tinue still to be practised to the prejudice of the same,
' which abuses must needs arise, either from the insol-
' vency of the persons who are accepted for the security
1 or from the remissness or connivance of such as have
1 been, or are governors in the several plantations, who
' ought to take care, that those persons who give bond
1 should be duly prosecuted, in case of non perform-
' ance ; we take the good of our plantations and the
1 improvement of the trade thereof,, by a strict and
1 punctual observance of the several laws in force con-
1 cerning the same, to be of so great importance to
' the benefit of this our kingdom, and to the advancing
' of the duties of our customs here,, that if we shall
* be hereafter informed, that at any time there shall be
1 any failure in the due observance of those laws, within
' our foresaid province of Nova-Ceesaria, or New Jersey,
1 by any wilful fault or neglect on your part,, we shall

'look

O F N E \V - J E R 8 E Y . 261

4 look upon it as a breach of the trust reposed in you A. D.

*by us, which \ve shall punish with the loss of your 1702<

' place in that "•ovrrninent, and such further marks of

' mir displeasure, as \vc shall judge reasonable to be

* inflicted upon you, for your offence against us, in a

' matter of this consequence, that we now so particu-

( larly charge you with/

CHAP. XIV.

Observations on Lord Cornbury's instructions, and the
privileges originally granted to the settlers, with
abstracts of some of them.

' T is apparent, "from the whole tenor of the Observa-
± application from the proprietors, that they had tlon8*
constantly in view the reservation of the principal privi-
- they enjoyed ; and that their meaning was only to
part with the powers of government ; accordingly in the
instrument of surrender, nothing appears to be resigned
but ///<-.sr; their endeavours therefore to stipulate ex-
pressly for a fresh confirmation of particular privileges,
semis to have been owing to an unnecessary diffidence;
they were however so far indulged, that a draught of the
i<>n-oinLr commission and instructions was prepared
mid >he\vn to them for their acquiescence, conformable
to what the Lords of trade in their representation of
(Mnl,,;- 'J, 1701, had proposed.*.

HI. After the lords commissioners for trade and
plantations had prepared a draught of the commission
and instructions lor a new governor, they referred it
to sir Thomas Lane, and the proprietors, in the words
foliowiii

'Sir

^ \<\n wlix numb. xiii.

262 THE HISTORY

A. D. < Sir, Whitehall, November 14, 1701.

'I am commanded by the lords commissioners for
1 trade and foreign plantations,, to send you the inclosed
' draught of a commission and instructions for a gover-
' nor for his majesty's province of New- Jersey, pre-
' pared by order of their excellencies the lords justices,
' that you may communicate the same to the pro-
' prietors of both the divisions of East New-Jersey, and
' West New-Jersey, for their observation thereupon ;
' which their lordships desire may be made and returned

* to them with all convenient speed, in order to such
'further proceedings as shall be found necessary, for

* the settling that province in a due form of government.

i I am, sir, your most humble servant,

WILLIAM POPPLE.
i To sir Thomas Lane, Knight and Alderman'.

§ III. The report of the lords of trade to king Wil-
liam!/- upon the same occasion, not long before the sur-
render, was conceived in the terms following.

' To the King's most excellent majesty.
' May it please your majesty,.

' Having been directed by their excellencies the lords-
'justices, upon a representation, which we humbly laid
' before them, concerning the disorders in your
' majesty's provinces of East and West New-Jersey, in
' America; to prepare draughts of a commission and
1 instructions for a governor to be sent thither by your
' majesty, and to consult therein the proprietors of those

* provinces, in order to the surrender of their pretended
' right to the government of the same : We humbly
' lay before your majesty the draughts which we have
' prepared accordingly, with such clauses as we con-
' ceive proper, to enable the governor, for whose name
' we have left a blank,, to proceed in settling a govern-

' ment

y. King William died between this and the surrender, having
(its said) first nominated Jord Cornbury, governor of New- York
and New- Jersey, on account of the services of his father ; who was
among the first officers that after his landing at Torbay, came over
to him with his regiment.

OF NEW-JERSEY. 263

' ment in that country, conformable, (as near as the A- ^
'circumstances of the inhabitants will permit) to the
' met hod of government, settled by your majesty's

* respective commissioners in your other American plan-

* tat ions; ;ind withal to prevent the interfering of that
' colonv with the interest of those other plantations:

* \\e have al-o in pursuance of their excellencies direc-
4 tions, communicated the said draughts to sir Thomas

* Lane, and others, the principal proprietors of West
' NYw- Jersey, and to Mr. William Dockwra, secre-
' tary,- and others, the principal proprietors or East
' Xew-Jer-ey ; in behalf of themselves, and the rest

* of the proprietors of both those divisions; which
1 draughts they have unanimously approved ; and in
' confidence that your majesty will be graciously pleased
k accordingly to constitute a governor, over those coun-
' tries, they have declared themselves willing and ready
fto -urrender all their right, or pretence of right to
'government, which they have hitherto claimed;
4 whereupon we humbly request to your majesty, that
'the reducing these colonies to an orderly form of
'government, under a governor constituted by your
' majesty's immediate commission, will be of great
4 service to your majesty, in preventing illegal trade,
' ami the harbouring of pirates, and will be of good
'influence throughout the other plantations; and we
< humbly oiler, that mr. attorney general be directed
' forthwith to prepare a form of a surrender of their
'said right, or pretence of right to government,
4 which may be most effectual to the extinguishing
' their said pretensions, and present the same to your
4 majcMv.

• And whereas they have desired, that the first gover-
' nor to be thus appointed by your majesty, may be a

' person

z. Contriver of the penny-post, in the city of London: Old-
mixnn. HMJH, IH- .rot his information of New-Jersey from him;
that he, in ilu- name of the Proprietors of East-Jersev, and sir
ThoiiKis I,;mr .w|,o had purchased the best part of Dr. Cox e's share
• 1 pr..pntMyi on In-half of West-Jersey, waited on the queen, and
made a formal surrender oj the sovereignty ; reserving all their rights.

264 THE HISTORY

A. D. < person fitly qualified for that service ; but cannot
'agree in the recommendation of any particular person:
' We humbly propose, that when the surrender shall be
' made, your majesty would be pleased to nominate
'some person wholly unconcerned in the factions, which
'have divided the inhabitants of those parts, all which
'nevertheless is most humbly submitted.

' Whitehall, ) Wnr Blathwayt, Ph. Meadows,

> John Pollexson, Abr. Hill.
Jan. 6th. 1701-2. | ^^ Mat Prior.'

§ IV. In a memorial hereafter inserted a- of the
proprietors of West-Jersey, to the lords commissioners
of trade and plantations, against lord Corn bury, signed
by sir Thomas Lane, and other 6. proprietors, who
signed the surrender ; we find them recapitulating
several matters, and asserting that they were part of the
terms of their surrender, and placed as such among
others in the instructions.

And by the assembly's remonstrance, in 1707, it
appears, they 'thought their privileges more secure
than some of, their neighbours/ and fully depended on
being protected in the enjoyment of them.

§ V. Among the instructions to lord Cornbury are to
be found, the principal matters the proprietors pointed
out as what they desir'd to have reserved, the articles
9, 14, 15, 16, 36, 37, 38, 45, 51, 52, 53, 86,
87, bear evident marks that they were of this number ;
these and such of the others as reserve or reinforce the
particular privileges of the proprietors and inhabitants
of New-Jersey, were doubtless adopted and continued,
in consequence of their application and the original
grants.

§ VI. If the instructions to all the succeeding gover-
nors are copied from those to lord Cornbury, as it is

generally

a. Chap, xviii.

6. Every one of the signers of this, Robert Burrow and William
Snelling excepted, had signed the instrument of surrender.

O F X E W - J E R S E Y . 265

generally understood; such of them as differ from what A. D.
la common to other plantation governors, were intended 1702*
to he at the time of the surrender, and which the fore-
going sections seem to confirm, it is a farther evidence
tli.it they are esteemed, as to the matter of them, rights
and privileges belonging to the inhabitants of New-
Jersey ; and that it has been and is the intention of the
crown to continue them as such.

§ VII. There does not appear to have been any design
to abridge the privileges before enjoyed, nor could it
perhaps be legally effected, by any of the steps taken
before or in the surrender; for many of the settlers,
though they were actually proprietors, do not seem to
have been parties to the surrender, either by themselves
or any legally constituted body for them, except it
may l>e supposed, their approving the thing without
joining in any one public act to effect it, made them so.

§ VIII. The proprietors who signed the instrument of
surrender, considered as to the shares of propriety they
held, might be thought of importance enough to be
denominated the whole, in barely giving up the govern-
nient ; because they had not conveyed that : But it no
whore appears, that they had any legal power to repre-
sent the settlers in general, in matters wherein they had
admitted them to share in their property, whether of
land or privilege, and as to numbers, were but a small
part of the proprietors, and a very small part of the
settlers.

§ IX. Every wltlcr who complied with the terms of
settlement publiekly established, as well as the purchaser,
he mi: entitled to the privileges purchased or settled
under: it could n,,t be lawful, that the act of any fellow
proprietor to the last, or landlord to the other, should
deprive them of what, by the original frame and consti-
tutions of the country, or particular agreements, they

had

266 THE HISTORY

A. D. had a share in ; and had been the principal inducement
of their removing hither to settle.

§ X. That the civil and religious privileges subor-
dinate to, and derived from, but not connected with
the powers of government, were the principal induce-
ment of many of the settlers, to leave good habitations
and remove hither, none acquainted with the state of
things in the original settlement can doubt.

§ XI. If therefore every purchaser and settler had a
right to and property in the privileges conveyed to
them, and if the ideas of property in British subjects
are the same in the colonies as in the mother country ;
according to these, nothing but their own act by them-
selves as individuals, or as some way represented in
legislation or otherwise, could deprive them of it ; any
thing less would imply an absurdity in the term.

§ XII. That they had a right, will evidently appear
by the following short view of the premises ; first, by
right of discovery it became vested in the crown ; by
the crown it was granted to the duke of York ; by the
duke to lord Berkeley and sir G. Carteret, so to the
purchasers immediately under them, and thence indivi-
dually to every freeholder, with the right of the
natives purchased and amply confirmed to them ; hence
it is, if these conveyances were good, that every free-
holder must have a clear incontestable right to his
freehold, and consequently to every privilege conveyed
with it, as far as these grants will warrant.

§ XIII. In another view the case may be stated thus ;
the proprietors said to the people, if you will buy this
land, you and your posterity forever shall have these
privileges ; for the first you have our hand and seal ;
for the other our publick declarations and concessions
solemnly ratified under our hands, recorded in the pub-
lic offices ; and for a more compleat security, most of

them

OF NEW-JERSEY. 267

them also confirmed by laws in the same manner as the A. p.
title and right to location of many of the lands are
founded; hence a conclusion seems to follow, that the
privileges became a part of the purchase, and that
the proprietors in the sale of their lands,, received a
consideration for them ; and if so, to their birth-right
as British subjects must be superadded the right of pur-
ohase.

§ XIV. It may possibly be objected as to West- Jersey,
that the proprietors sold or conveyed the government
to Dr. Coxe, and he again conveyed it to several of
those who were parties to the surrender; supposing this
to be true, it concludes nothing in the present case; the
question is not as to government, but privilege in
other respects ; to bring that into the argument it must
be proved, first, that the proprietors generally concur-
red in the sale; secondly ^ that they had power to sell
again that proportion which had before been conveyed
to others ; thirdly, that the act of surrender in any respect
affects it; lastly, that the proprietors of the Massachu-
setts, Pennsylvania, or any other charter government,
may or could by their own act barely, resign so as to
annul or destroy what their predecessors or they have
conveyed and confirmed to the people; till this is done, •
the other, for similar reasons, must be supposed impos-
sible: Equally inconclusive must be any argument here
as to right of conquest from what happened in 1673;
if the treaty of Westminster had not restored things
to their original footing, the last grants, and laws in
consequence of them, confirming former privileges,
and nearly the whole mutter relating to West-Jersey,
bear date since.

§ XV. To argue, that because there is no express
clause in the instrument, by which the government was
surrendered, reserving the people's privileges; that
therefore they were not reserved; would be just as rea-
sonable

268 THEHISTOEY

A. D. sonable as to argue, that because the right to the soil
is not there particularly reserved, that therefore it was
not reserved at all ; and yet it remains to the possessors
without interruption ; and the right to every civil and
religious privilege not cancelled in the act of resig-
nation, nor since altered by law, being equally strong
as to the forms of authenticity (however overlooked or
forgot in occasional practice) must be supposed to
retain their original validity.

§ XVI. From what has been said, it seems to be evi-
dent, that the proprietors who signed the instrument of
surrender, had it not in their power, and therefore could
not have intended ; nor if they had, can the words or
meaning of any thing they appear to have transacted,
be legally construed to extinguish any privilege before
derived from the royal grants, either relating to liberty
of conscience, or matters of privilege in other cases;
their power of the government only excepted ;c. whether
this power was ever in due form of law granted or
not/- they had enjoyed it near forty years; rightly

or

c. See the queen's acceptance: And for the advantage of a ready
Tiew, as to the meaning of the surrender, let the terras used in the
instrument, be here attended to, viz.

'All these the said powers and authorities, to correct, punish,
'pardon, govern, and rule all or any of her majesty's subjects, or
'others, who now inhabit, or hereafter shall adventure into, or in-
' habit within the said provinces of East-Jersey and West Jersey,
'or either of them; and also to nominate, make, constitute,
'ordain, and confirm any laws, orders, ordinances and direc-
'tions, and instruments for those purposes, or any of them; and
'to nominate, constitute or appoint, revoke, discharge, change, or
'alter any governor or governors, officer or niinis-ters, which are
'or shall be appointed, made or used within the said provinces, or
'either of them; and to make, ordain, and establish any orders,
'laws, directions, instruments, forms or ceremonies of govern-
' ment and magistracy, for or concerning the government of the
'provinces aforesaid, or either of them ; or on the sea in going and
'coming to or from thence; or to put in execution, or abrogate,
'revoke or change such as are already made, for, or concerning
'such government or any of them, &c.

d. We see the proprietors themselves seem to give into such a
doubt in the instrument of surrender.

OP NEW-J ERSEY. 269

or even tolerably administered, it must undoubtedly be A. D.
considered in the light of a privilege to the inha-
bitants in general ; as having their immediate rulers
on the spot, ready to see and redress grievances, or
prevent the occasions of them ; induced to it both by
the strong ties of increasing profit to themselves, and
the good of others ; but if we may compare the latter
part of these proprietors administrations with the tran-
quility that has ensued for most of the time since; and
to this, add the benefits*- derived from royal attention,
and thence be allowed to form a judgment ; we shall
not perhaps see much cause to regret the change of
situation.

§ XVII. What the original privileges of the inha-
bitants of New-Jersey were, by the several grants and
concessions, and other instruments beforementioned
and proprietary laws, will at large appear; some of
tlmse not immediately connected with government or
land aifairs, may be known by the following abstracts.

In East and West-Jersey, before the division.
1. No person swearing or subscribing allegiance to
the king, and faithfulness to the proprietors, to be an1/
ways molested, punished, disquieted, or called in
question, for any difference in opinion or practice, in
matters of religious concernment, who did not disturb
the civil peace; but that all such persons should at all
times, freely and fully have and enjoy their judgments

and

e. An act prescribing the forms of declaration of fidelity, the
effect of the adjuration oath, and :iflinn;iti<>n, instead of the forms
heretofore required, tVc. ( 'nnfinned nnd rendered prrpcliud by the khiy
in council, <>/ .V. ,/«?/ifx'.s May 4. 1782. A succession of l>enefici:il
piper money acts on loan, conjinned, hut now expired. Another lor
nckiiowledgillg deeds, and declaring how the estate or right of a feme
covert m iv he convey, d or extinguished. Confirmed and rendered
ptT/nimd by the kinf/ in council, at Keiutinylnn, August 22, 1740.
Another for ascertaining the officers fees. ibid, at St. James's,
November 23> 1749. <&c.

270 THE HISTORY

A. p. and consciences, they behaving themselves peaceably
and not using this liberty to licentiousness. Concessions
and agreements of the proprietors Carteret and Berkeley,
with the adventurers, Feb. 10, 1664.

2. By legislative act to levy taxes, and not other-
wise, and this as should seem most equal and easy for
the inhabitants, ibid.

3. By law to provide for the support of government.
ibid.

4.. That cattle ranging or grazing on lands not
appropriated to particular persons, shall not be deemed
trespassing, but custom not to be plead from hence,
nor any, purposely to suffer their cattle to graze on
such lands, ibid.

In East-Jersey, after the quintipartite division.

5. That the courts of session and assize, should be
established by the governor, council, and representa-
tives, and that appeals from thence, should be made
to the governor and council, &c. Declaration of sir
George Carteret, dated July "31, 1674.

6. ' Among the present proprietors, there are several
' that declare they have no freedom to defend them-
4 selves with arms; and others who judge it their duty
4 to defend themselves, their wives and children, with
< arms : It is therefore agreed and consented to ; and
' they the said proprietors do, by these presents, agree

* and consent, that they will not in this case, force each
' other against their respective judgments and consci-
4 ences ; in order w hereunto it is resolved, that on the
4 one side, no man that declares, he cannot for con-
( science sake, bear arms, whether proprietor, or
'( planter, shall be at any time put upon so doing, in
( his own person; nor yet upon sending any to serve in
' his stead ; and on the other side those who do judge it
4 their duty to bear arms for the publick defence, shall

* have their liberty to do it in a legal way/ Fund a-
4 mental constitutions of East New- Jersey. A. D. 16S3.

7. All

OF NEW-JERSEY. 271

7. All persons acknowledging one almighty and
eternal God, and holding themselves obliged in con-
science to live quietly in civil society ; shall no way be
molested, or prejudged for their religious persuasions
and exercise in matters of faith and worship, nor be
compelled to frequent and maintain any place of
worship or ministry whatsoever; but none to be ad-
mitted to places of publick trust, who do not profess
faith in Christ Jesus, and will not solemnly declare,
that he is not obliged in conscience, to endeavour
alteration in the government, nor does not seek the
turning out of any in it, or their ruin or prejudice in
person or estate, because they are in his opinion here-
tieUs, or differ in * judgment from him; but none
under the notion of liberty, by this article, to avow
atheism, irreligiousness, nor to practice prophaneness,
murder, or any kind of violence ; or indulge them-
selves in stage-plays, masks, revells, or such like
al>u<es. ibid.

8. No person to be imprisoned or deprived of his
five-hold, free custom or liberty, to be out-lawed, exiled
or any other way destroyed, nor be condemned, but by
lawful judgment of his peers; justice or right to be
neither bought nor sold, deferred or delayed to any
person whatsoever; all trials to be by twelve men, and
MS near as may be, peers and equals, and of the neigh-
bourhood, and without just exception; twenty four
to IK- returned by the sheriff as a grand inquest, twelve
at least to agree in finding the complaint to be true;

"liable challenges to be admitted against the twelve
or peers who have the final judgment, or any of them:
In all courts, persons of all perswasions to appear in
their own way, and according to their own manner, and
plead their own causes, or if unable, by

their

272 THE HISTORY

A. D. their friends; and no person allowed to take money
for pleading or advice in such cases./- ibid.

9. All marriages not forbidden in the law of God
to be esteemed lawful, where the parents or guardians
being first acquainted, the marriage is publickly inti-
mated in such places and manner as is agreeable to men's
different persuasions in religion, and afterwards solem-
nized before creditable witnesses, and duly registered.
Ibid.

10. All witnesses called to testify to any matter or
thing in any court, or before any lawful authority, to
deliver their evidence by solemnly promising to speak
the truth, the whole truth and nothing but the truth ;
and the punishment of falshood to be the same as in cases
of perjury ; the like in cases of forgery ; and both
criminals to be stigmatized. Ibid.

11. Forfeited estates, except for. treason or capital
crimes, to be redeemed by the nearest of kin, within
two months, by paying to the publick treasury, not
above one hundred pounds, nor under five pounds
sterling. Ibid.

In West-Jersey.

12. No cattle straying, ranging or grazing on any
unlocated grounds, to subject their owners to damages,
but custom of commons not to be pretended to, nor
any person hindered from legally taking up any such
lands. Concessions and Agreements, chap. viii.

13. All taxes to be levied by legislative act. Ibid.
chap. xi.

14. As no man or number of men upon earth, have
power or authority to rule over men's consciences in
religious matters; no person or persons whatsoever, at
any time or times hereafter, shall be any ways, upon

any

/. This last afterwards altered by an instruction to Basse, while he
exen-ised the office of governor in East Jersey, and fixed to be, that
none should practice without license from the governor.

OF NEW -JERSEY. 273

any pretence whatsoever, called in question, or in the A. D.

punished or hurt in person, estate or privilege, for
the sake of his opinion, judgment, faith, or worship
towards God in matter of religion. Ibid. chap. xvi.

15. No person to be deprived of life, limb, pro-
perty, or any ways hurt in his or their privileges, free-
doms or franchises, upon any account whatsoever,
without a due trial and judgment passed by twelve
good and lawful men of his neighbourhood first had ;
p -r-ons arraigned allowed to except against any of the
neighbourhood, without rendering a reason, not ex-
ceeding thirty-five, and with valid reasons against every
person nominated fur that service, ibid. chap. xvii.

16. In all causes, * civil and criminal, proof to be
made by the solemn and plain averment of at least two
honest and reputable persons ; upon false evidence, the
party in civil causes liable to the penalty due to the
person or persons he or they bear witness against; in
criminal causes to be severely fined, and for the future
disabled from being admitted an evidence or to any
public employment, ibid. chap. xx.

17. Persons preferring indictments or informations
against others for personal injuries, or matters criminal
(treason, murder and felony excepted ;) to be masters
of their own process, and have power to remit or
forgive as well before as after judgment and sentence.
ibid. chap. xxi.

18. All causes, civil and criminal, to be decided by
the verdict of twelve men of the neighbourhood, to
be Minimoned by the sheriff, and no person compelled
to fee an attorney ; but to have free liberty to plead his
own cause; and that no person imprisoned upon any
account whatsoever, should be obliged to pay any prison

ibid. chap. :.xii.

11). All jurisdictions and their powers to be estab-
lished by legislative act,

8 20. In

274 THE HISTORY

A. D. 20. In courts of justice for trial of causes civil or

criminal, all inhabitants to come freely into, and attend
and hear any such trials, 'that justice may not be done
' in a corner, nor in any covert manner ; being intended
t and resolved by the help of the Lord, and by these

* our concessions and fundamentals, that all and every
4 person or persons inhabiting the said province, shall,

* as far as in us lies, be free from oppression and slavery,
' ibid. chap, xxiii.

21. The proprietors and freeholders to have liberty
to give their representatives instructions, and to repre-
sent their grievances ; and any of the electors upon
complaint made of failure of trust or breach of cove-
nant, to remonstrate the same to the Assembly.

22. In every meeting of general Assembly, liberty
of speech to be allowed ; and none to be interrupted
when speaking : All questions to be stated with delibe-
ration, and liberty for amendment, with power of
entering reasons of protest; and to have the mem-
ber's yeas and no's registered : The doors of the house
to be set open ; and liberty given to hear the debates :
The assembly to have power of enacting laws, provided
they be agreeable to the fundamental laws of England,
and not repugnant to the concessions. Concessions afore-
said. See also the first acts of Assembly of West-Jersey.

CHAP.

OF NEW-JERSEY. 275

CHAP. xv.

Lord Cornbury convenes the first general assembly after
the surrender: His speech, their address, and. other
proceedings: Queen Anne' 's proclamation for ascertain-
ing the rate* of coin : Cornbury dissolves the Assembly,
and meets a new one to his mind : Their proceedings
and dissolution : A summary of the establishment and
practice of the council of proprietors of West- Jersey :
AnotJier assembly called; who remonstrate the griev-
ances of the province.

TH E distinction of the two Provinces East and A. D.
West- Jersey, being henceforth as to all matters 1703-
of government laid aside, and both united in one under
the name of Nova-Caesaria, or New-Jersey; we now
enter upon a more uniform method of proceeding.

Contrary to the expectation of those concerned in
the surrender, we soon find them jointly struggling for
die preservation of their privileges against the encroach-
ments of a governor, who, if his abilities had been
njual to his birth and interest, must be allowed to have
i as formidable an antagonist in that capacity as
any that have come to the colonies; besides being the
son of a family that had merited highly in the revolu-
tion, he was first cousin to queen Anne: With such an
interest and a disposition to have studied harmony and
concord, instead of listening to the votaries of faction,
and meanly trumpeting their animosities, he had a fair
opportunity of singular service in restoring the public
qukt, and laying a foundation of prosperity to the
province; but that, afterwards became the business of
another.

Lord Cornbury arrived in New- Jersey in the month
called August, 1703: Having published his commis-
sion

276

THE HISTORY

A.D.

1703.
Lord
Corn bury
convenes
the assein-

My.

sion at Amboy and Burlington, he returned to his
government of New- York ; but soon came back and
convened the general assembly to meet him at Perth-
Amboy, the tenth of November.^- They chose Tho-
mas Gardiner,^- speaker, he was presented and accepted,
and then, conformable to the practice of parliament,
made a demand of the particular privileges of assem-
blies, as follows :

1 That the members with their servants, may be free
( from arrests or molestation during the sessions.

' That they have free access to your excellency's
' person, when occasion requires.

1 That they may have liberty of speech, and a favour-
' able construction of all debates that may arise among
< them.

1 That if any misunderstanding shall happen to arise
' between the council and this house, that in such a
' case a committee of the council may be appointed to
'confer with a committee of this house for adjusting
' and reconciling all such differences. And,

' That these our requests may be approved of by
'your excellency and council, and entered in the
* council books/

The governor, in answer told them, he granted the
three first as the just and undoubted right of the house ;

but

g. The names of the first members of council after the surrender
are in lord Cornbury's instructions. The first representatives were,

For the eastern Division.

Obadiah Bown, Jedediah Allen, Michael Howden, Peter Van.
Este, John Reid, John Harrison, CorneJius Tunison, Richard
Hartshorne, col. Richard Townly,

For the western Division.

Thomas Lambert, William Riddle, William Stevenson, Restore
Lippinoott, John Kay, John Hugg, jun. Joseph Cooper, William
Hall, John Mason, John Smith.

For the town of Burlington. Peter Fretwell, Thomas Gardiner.
City of Perth- Amboy. Thomas Gordon, Miles Forster.

h. Son of him whose death is mentioned before.

O F N E W - J E R S E Y . 277

but rejected the fourth as an innovation, and accord- A. D.
inii-lv ordered an entry of the same in the council books ;
this done, he made a speech to the council and general

' Gentlemen,

The proprietors of East and West New-Jersey, Speech.
'having upon very mature consideration, thought fit
' to surrender to her most sacred majesty the great queen
' of England, my mistress, all the powers of govern-
^ ment which they supposed were vested in them; the
'queen has been pleased to unite these formerly two
4 provinces now into one, under the name of Nova-
•' Gesaria or New-Jersey ; her majesty has been pleased
'graciously to honour me with the trust of this
'government, and Juts commanded me to assure you
•' of her protection upon all occasions ; and you may
' assure yourselves, that under her auspicious reign,
•'you will enjoy all the liberty, happiness and satisfac-
' tion, that good subjects can wish for; under a most
' gracious queen, and the best laws in the universe, I
' mean the laws of England, which all the world
' would be glad to partake of, and none are so happy
' to enjoy, but those whose propitious stars have placed
' under the most happily constituted monarchy : I will
' not question, but that you on your parts, will do all
'that can be expected from faithful subjects, both for
' the satisfaction of the queen, the good and safety of
'your country; which must be attended with general
1 satisfaction to all people.

' In order to attain these good ends, I. must earnestly
' recommend it both to you, gentlemen of her majesty's
'council, and you gentlemen of the assembly, to
'apply yourselves heartily and seriously to the recon-
' ciling the unhappy differences which have happened
' in this province ; that as the queen has united the two
' provinces, so the minds of all the people may be
1 iirmly united in the service of the queen, and good
'of the country; which are all one, and cannot be
•'separated without danger of destroying both.

' Gentlemen

278 THE HISTOEY

A. D. < Gentlemen, you are now met in general assembly,

1703. t on plirp0se to prepare such bills to be passed into laws,
' to be transmitted into England for her majesty's
'approbation, as may best conduce to the settling of
'this province upon a lasting foundation of happiness
'and quiet, only I must recommend it to you, that the
' bills you shall think fit to offer, may not be repugnant
' to the laws of England, but as much as may be,
' agreeable to them.

' I must recommend to you, gentlemen, in the
'wording of your Bills, to observe the stile of enacting
'by the governor, council and assembly; and likewise,
' that each different matter may be enacted by a different
' law, to avoid confusion.

' In all laws whereby you shall think fit to grant
' money, or to impose any fines or penalties, express
' mention may be made, that the same is granted or
' reserved unto her majesty, her heirs or successors, for
' the publick use of this province, and the support of
' the government thereof.

' Gentlemen, I am farther commanded by the queen,.
'to recommend it to you, to raise and settle a revenue
'for defraying the necessary charges of the govern-
' ment of this province, in order to support the dignity
' of it.

' I am likewise commanded to recommend to your
' care, the preparing one or more bill or bills whereby
'the right and property of the general proprietors to
'the soil of this province may be confirmed to them,
' according to their respective titles, together with all
' quit rents and all other privileges as are expressed in the
' conveyances made by the duke of York ; except only
' the right of government, which remains in the queen.

' Now, Gentlemen, I have acquainted you with some
'of those things which the king is desirous to have
' done : I shall likewise acquaint you, that her majesty
• ' has been graciously pleased to grant to all her subjects
'in this province, (except papists) liberty of consei-
'ence. I must further inform, you, that the queen
' has commanded me not to receive any present from

1 the

OF NEW- JERSEY. 279

the general assembly of this province; and that no A.D.
person who may succeed me in this government, may
claim any present for the future, I am commanded
to take caro, that her majesty's orders may be entered
at large in the council books, and the books of
the general assembly.
* X<>w, gentlemen, I have no more to offer to you

• at this time, only I recommend to you dispatch in the
' matter before you, and unanimity in your consulta-
1 dons, as that which will always best and most effectu-
' ally conduce to the good of the whole/

The governor's speech being read in the house, pro-
duced the following address, N. C. D. Address.
' May it please your excellency,

' I am commanded by this house, to return your
'excellency our hearty thanks for your excellency's
' many kind expressions to them, contained in your
4 excellency's speech ; and it is our great satisfaction,
1 that her majesty has been pleased to constitute your
' excellency our governor.

' We are well assured the proprietors, by their surren-
' der of their rights to the government of this province,

* have put us in circumstances much better than we
' were in under their administration, they not being
' able to protect us from the villainies of wicked men ;
' and having an entire dependence on her majesty, that
t she will protect us in the full enjoyment of our rights,
' liberties and properties, do thank your excellency for
' that assurance you are pleased to give us of it, and
' think our stars have been very propitious in placing
' us under the government and direction of the greatest
' of queens, and the best of laws : And we do entreat
'your excellency to believe, that our best endeavours
'shall not be wanting to accomplish those things which
' shall be for the satisfaction of the queen, the gene-
' ral good of our country, and (if possible) to the
' universal satisfaction of all people : With our prayers
'to the God of Heaven, we shall join our utmost
'endeavours, to unite our unhappy differences; and

'hope

280 THE HISTORY

A. D. ' hope with the assistance of your excellency and council
'it will not be impossible to accomplish that blessed
' work. We shall follow the directions given in your
' excellency's speech, with what dispatch the nature of
'the things require; and hope, that all our consult*-
v ' tions may conduce to the best and greatest ends.

( Memorandum, that all the members of this house
'do agree to the subject matter above written, tho'
' several of them dissent from some of the expressions
' therein contained/

This address presented, the assembly, after regulat-
ing elections complained of, prepared several bills ;
but one only received the governor's assent : This related
to the purchasing of lands of the Indians, was pre-
pared pursuant to an article in Cornbury's instructions,
and prohibits purchases or gifts of lands being made
Law re- or received from the Indians without license of the
Indian8 proprietors, after the 1st December, 1703, under
purchases. penalty of forfeiting forty shillings per acre ; it also
retrospects and makes void all Indian bargains, gifts,
leases or mortgages, without an English title, unless
covered with a propriety right in six months thereafter.
This law is yet in force.

The governor put an end to this session, December
13, by observing to the assembly, that the season being
far advanced, it was absolutely necessary to conclude
business : That he wished the several bills before him-
self and them could have been dispatched ; but that
the matters contained in them, were of so great
moment, the difficulties so many, and the time so
short, that it was impossible to finish : That being now
acquainted with the nature of those difficulties, they
should come prepared in the spring to remove them, and
provide such good laws as might effectually ascertain the
rights of the several proprietors, and fully secure every
man's property. These being the points which would
most conduce to the peace and welfare of the colony,

recommended

OF NEW-JERSEY. 281

recommended the council and assembly to employ their A^ D.
serious thoughts, that the most effectual means to
attain those desirable ends might be discovered, and to
point out other useful laws, and concludes with obser-
ving, that thev would ever find him ready to consent to
all such things as should be for the good of the whole.

In 1704, great inconveniencias were found, by the
same coin bearing different values in the provinces on Coin,
the continent ; to remedy this by one general medium,
queen Anne published her proclamation for ascertaining
the value of foreign coin in America; which seems to
claim a place here.

'By the QUEEN.
' A proclamation for settling and ascertaining the cur- Proclama-

' rent rates of foreign coins in her majesty's colonies tlon*

1 and plantations in America.

' WE having had under our consideration the cliffer-
'ent rates at which the same species of foreign coins do
' pass in our several colonies and plantations in Ame-
1 rica, and the inconveniencies thereof, by the indirect
' practice of drawing the money from one plantation
' to another, to the great prejudice of the trade of our
'subjects; and being sensible, that the same cannot be
' otherwise remedied, than by reducing of all foreign
'•coins to the same current rate within all our doraini-
' on> in America; and the principal officers of our
' mint having laid before us a table of the value of the
'several foreign coins which usually pass in payments
'in our said plantations, according to the weight and
' the as-ays made of them in our mint, thereby shewing
' the just proportion which each coin ought to have to
'the other; which is as followeth, viz. Sevill pieces
'of eight, old plate, seventeen penny weight, twelve
' grains, four shillings and six pence; Sevill pieces of
'eight, new plate, fourteen penny-weight, three shil-
' lings and seven pence one farthing ; Mexico pieces
'of eight, seventeen penny-weight twelve grains, four
'shillings and six pence ; pillar pieces of eight, seven-
' teen penny-weight twelve grains, four shillings and

'six

282 THE HISTORY

A. D. ( six pence three .farthings ; Peru pieces of eight, old
1704. t piaf6j seventeen penny-weight twelve grains, four
' shillings and five pence or thereabouts ; cross dollars,
'eighteen penny-weight, four shillings and four pence
'three farthings; ducatoons of Flanders, twenty pen-
' ny-weight and twenty-one grains, five shillings and
' six pence ; can's of France or silver Lewis, seventeen
' penny-weight twelve grains, four shillings and six
'pence; crusadoes of Portugal, eleven penny-weight
'four grains, two shillings and ten pence one farthing ;
' the silver pieces of Holland, twelve penny-weight
'and seven grains, five shilling and two pence one
'farthing; old rix dollars of the empire, eighteen
' penny-weight and ten grains, four shillings and six
' pence ; the half, quarters and other parts in proportion
' to their denominations ; and light pieces in proportion
'to their weight: We have therefore thought fit, for
'remedying the said inconveniencies, by the advice of
' our council, to publish and declare, that from and
' after the first day of January next ensuing the date
' hereof, no Sevill, pillar, or Mexico pieces of eight,
' though of the full weight of seventeen penny- weight
' and a half, shall be accounted, received, taken or
' paid, within any of our said colonies or plantations,
' as well those under proprietors and charters, as under
' our immediate commission and government, at above
' the rate of six shillings per piece, current money,
' for the discharge of any contracts or bargains to be
' made after the said first day of January next ; the
' halves, quarters, and other lesser pieces of the same
' coins, to be accounted, received, taken, or paid in
' the same proportion ; and the currency of all pieces
'of eight of Peru, dollars and other foreign species
' of silver coins, whether of the same or baser alloy,
' shall after the said first day of January next, stand
' regulated, according to their weight and fineness,
' according and in proportion to the rate before limited
' and set for the pieces of Sevill, pillar and Mexico ; so
'that no foreign silver coin of any sort, be permitted
* to exceed the same proportion upon any account what-

' soever.

OF NEW- JERSEY. 283

' soever. And we do hereby require and command all A. D.
'our governors, lieutenant governors, magistrates, 170"**
'officers, and all other our good subjects, within our
' saul colonies and plantations, to observe and obey our
'directions herein, as they tender our displeasure:
'Given at our castle at Windsor, the eighteenth day
'of June, 1704, in the third year of our reign/

Cornbury met the assembly at Burlington the 7th of
September, and recommended the preparing a bill to Assembly
ascertain the rights of the general proprietors to the a
soil of the province, to settle a fund for support of
government; and a French privateer having committed
depredations on the settlers about Sandy Hook, he
thence took occasion to press for a law to establish a
militia, and fix a watch house on the Navesink hills.
The house took the matters into consideration : It does
not appear but they intended to make such provision
on those occasions, as suited the circumstances of the
province, yet their proceedings on the whole, were
not to his mind ; on the 28th therefore, he abruptly
sent for and dissolved them, and issued writs for a new
election, to meet at Burlington the 13th of November Dissolved,
following: This election was industriously managed,
and a majority of members procured to his mind ; they
met at the time, and being divided in the choice of a
speaker, Peter Fretwell and John Bowne, candidates,
and the votes equal, they called upon their clerk,
(William Anderson,) to give the casting vote, which
he did for Fretwell, who was accordingly placed in the
chair;** then receiving the speech, they by an address
complimented Cornbury, with going through the affairs

of

t. The members of this assembly were,

For the Eastern division.

John Bown. Richard II-irtshortie, Rirhnrd Salter, Obadiah Down,
Anthony \Vooil\vinl, John Tunixon, John Lawrence, Jasper Crane,
Petex VUIHSU-, Thomas Gordon, John Barclay, John Royse.

For

284 THE HISTORY

A. D. of government f with great diligence and exquisite
* management, to the admiration of his friends, and
' envy of his enemies ; ' and passed a bill to raise two
thousand pounds*- per annum, by tax, for support of
government, to continue two years.

Several other laws were passed this session, and
amongst them one for establishing a militia, by the
unnecessary severity of which, those conscientiously
scrupulous of bearing arms in many parts were great
sufferers.

On the 12th of December, the governor adjourned
them till next year, with more encomiums on their
conduct, than many of them got from their constitu-
ents on their return home ; during this whole session,
they had tamely suffered the arbitrary practices of
Cornbury, to deprive them of three of their most sub-
stantial members, Thomas Gardiner, Thomas Lam-
bert and Joshua Wright, under pretence of their not
owning land enough to qualify them to sit there, tho'
they were known to be men of sufficient estates ; and
the same assembly at their next meeting at Amboy, in
1705, themselves declare, l the members had hereto-
' fore satisfied the house of their being duly qualified
' to sit in the same;' and they were then admitted, when
the purposes of their exclusion were answered : This

1705. sitting was in October and November, but produced
nothing of much consequence ; the session which fol-
lowed at the same place in October, 1706, likewise
proved unsuccessful ; and now Cornbury again dissolved

the assembly,

In

For the Western division.

Restore Lippincott, John Filing, John Kay, John Smith, Wil-
liam Hall, John Mason, Thomas Bryan, Robert Wheeler, Peter
Fretwell, Thomas Lambert, Thomas Gardiner, Joshua Wright.

k. The lieutenant governor Ingoldsby received /. 600 out of this

OF NEW-JERSEY. 285

In the llth month this year, the council of proprie-
tors for the western division, met according to their
usual practice; present, William Biddle, president, Dissolved.
Samuel Jenings, George Deacon, John Wills, Wil-
liam Hall, Christopher Wetherill and John Kay; to
this council Cornbury sent an order to resolve him in
certain points proposed to them, which for some rea-
sons, were at present delayed ; but in the spring next 1707.
year, he sent for the council of proprietors to attend
him in council at Burlington, and there proposed sun-
dry questions on the same subject, demanding a catego-
rical answer to each ; they soon resolved him by send-
ing/« a summary of their constitution and establishment
as follows ;

' The answer delivered to the governors three questions,
' delivered to him by the council of proprietors.

' WHEREAS our governor the lord Cornbury, was Summary
'pleased at our attending on him in council, the thir- <>f West-
' teenth day of this instant May, to require answers to C("^i Of
' three questions, viz. who was the council of propri- proprie-
' etors the last year; and who are chosen for this year
' 1707, and to have the names of them? the second
' is, what arc the powers the said council pretend to
'have? the third, by whom constituted?

( And in obedience thereto, we being part of the
'trustees, or agents commonly called the council of
'proprietors, are willing to give all the satisfaction we
'are able, in humble answer to his lordships requirings,
' viz.

1 First, the persons chosen for the last year to serve
'the proprietors as agents or trustees, were William

'Biddle,

/. It was delivered to Cornbnry in council, the 30th, the pro-
prietors then pre-enl, were, Sirnuel Jenings, William Hall, Tho-
ma-i Gardiner, John Wills, John Kay, Christopher Wetherill and
hcwis Morris; wi'h the answer they d'elivervd to the governor and
council, two papers containing the names of several of the proprie-
tors, declaring their approbation of the council, and one Indian
deed.

286 THE HISTORY

A. D. * Biddle, Samuel Jenings, George Deacon, John Wills,
1707' 'and Christopher "VVetherill, for the county of Bnr-
' lington ; and John Reading, Francis Col lings, John
' Kay and William Hall, of Salem, for the county of
'Gloucester, and below; and for this present year
' 1707, William Biddle, Samuel Jenings, Lewis
' Morris, George Deacon, John Wills, John Kay,
' John Reading, Thomas Gardiner and William Hall
' of Salem.

' 2. In the year 1677, the first ship that came here
' from England, which brought the first inhabitants
' that came to settle in these remote parts, by virtue of
' By Hinge's right, before she sail'd the proprietors being
' met together at London, thought it advisable to settle
' some certain method how the purchasers of land from
' Byllinge, <&c. should have their just rights laid forth
' to them, concluded on a number of persons, viz.
' Joseph Helmsly, William Emly, John Penford,
' Benjamin Scott, Daniel Wills, Thomas Olive and
' Robert Stacy, as should be called commissioners, and
' they were first impowered to purchase what land they
f could from the Indians, and then to inspect all rights,
' as any lands were claimed, and when satisfied therein,
' to order the laying it out accordingly ; which com-
' missioners when arrived here, did forthwith make
'several purchases of land, and acted as aforesaid, for
'some time, till some of them being not longer able
4 to struggle with such hunger, and many otlier great
' hardships as were then met withal, returnM again for
' England ; so for preventing confusion among the
' people, the assembly took the trouble of it on them ;
'this continued in practice till about the year 1687;
4 then the assembly having much other business, and
' being not able to spend their time and money abroad,
' would not longer be troubled with that business, as
' was wholly belonging to the proprietors, and so threw
* it out of the house, and told the proprietors they
' might choose a convenient number of persons of
'themselves, to transact their own business: Accord -
4 iugly the 14th day of February, the same year, the

' proprietors

OF NEW-JERSEY. 287

' proprietors met at Burlington, and then and there A. D.
' chose and elected eleven persons of themselves, to act 1707.
' for the whole, for the next ensuing year; but then
' finding that so many and at such distances being hard
4 to be got together, they next year chose but nine,
' and accordingly signed instruments for the confirm-
' inj,- that constitution, of which his lordship has a
\ ; and the same methods have been every year
' since practised to this present year 1707; and in all

* this time no inconveniences hath arisen from it, but
4 on the contrary, much ease and advantage to the pro-
t prietors ; as by a further declaration of many other
*of the proprietors under their hands, is ready to be

* ]) roved.

* Xo\v as to the powers of those as are now and
4 have all along been, they are the same with the
' first that came over Trom England in the year 1677;
' that is to say, to purchase land of the Indians, with

* the consent and advice of the said proprietors as
' chose them, and to inspect the rights of every man
' a< shall claim any land, so that the same may be sur-
4 veyed to him or them ; and for the more easy and
4 speedy settling of the province, commissioners have
' been appointed in each county, to inspect all rights as
'aforesaid; the said agents, trustees or council, also to
' choose a recorder, a surveyor general and rangers in
' «• tdi county, to range for the benefit of the said
' uvnrrul proprietors, and to appoint persons to prevent
1 the wasting and destroying of the proprietors timber,
' upon their unsurveyed lands, &c.

' The proprietors residing in England, have had

' knowledge of a committee of the agents or trus-

- of the proprietors here, who were to act and

' negotiate their affairs by their agents, from time

'to time, acting in conjunction with them, as Adlord

I>;>;id, John Tatham, agents to doctor Coxe ; and

'whiMi Jeremiah Ba89 was agent, he acted with them

: after him, when our late governor Hamilton

made agent, he acled as one of the said agents,

* trustees or council for several years, and was president

'of

288

A. p. < of the same ; and now Lewis Morris as agent to the
'society, is one of the said trustees or council; and
' not only the agents of the agents of the proprietors
' at home, but any proprietor now hath, and have had

* liberty, to come and meet with the said agents, tru-
( stees or council, when he or they pleased.

' Lastly, as to the constitution of the said agents,.
' trustees or committee, and by whom constituted ; it
' is on certain days in the county of Burlington and
' Gloucester, yearly and every year, they are chosen
f by the proprietors : The above is as good an account
' as we that are present are able to give, in answer to

* what was required of us by his lordship, and pray it
' may find acceptance as such; but if any further thing
' may seem needful to be answered, we humbly pray
1 it may for this time be suspended^ till the whole can
' be got together/

The writs for a new assembly were returnable to
Burlington, the 5th of April, 1707. In this Assembly
it soon appeared, Cornbury had not the success in,
elections as in the last choice; his conduct was arbi-
trary, and the people dissatisfied ; the assembly chose
Samuel Jenings, speaker,'", received the governor's
speech, and soon after resolved into a committee of the
whole house to consider grievances; this committee
continued sitting from day to day, till at length they
agreed upon fifteen resolves, and by petition to the
queen laid them before her, on the 8th of the month
called May, they also remonstrated their grievances
to the governor, as follows :

May

m. The members now were,

For the Eastern division.

John Harrison, Lewis Morris, Elisha Parker, Thomas Farmer,
Jasper Crane, Daniel Price, John Bown, William Lawrence. Wil-
liam Morris. Enoch Mackelson, John Royce, Thomas Gordon.

For the Western division.

Peter Canson, William H-ill, Richard Johnson, John Thomson,
Bartholomew Wyatt, John Wills, Thomas Bryan, SamuelJenings,
Thomas Gardiner, John Kay, Philip Rawle.

O F N E W - J E R S E Y . 289

' May it please the governor, "

4 \Vi:, In -r majesty's loyal subjects, the representatives
'of the province of New-Jersey, are heartily sorry,
' that instead of raising such a revenue as is by the
' governor (as we suppose by the queen's directions)
' required of us, we are obliged to lay before him the
'unhappy circumstances of this province: it is a talk
4 we undertake not of choice, but necessity, and have
i therefore reason to hope, that what we say may meet
4 with a more favourable reception.

' \\ e prav the governor to be assured, it is our mis-
4 fortune extorts this procedure from us, and that we
4 should betray the trust reposed in us by our country,
'did we not endeavour to obtain relief.

' The governor encourages us to hope he will not be
4 deaf to our entreaties, nor by his denial render our
' attempts for the best*ends fruitless.

4 We may not perchance rightly apprehend all the
4 causes of our sufferings, but have reason to think
4 some of them are very much owing to the governor's
' long absence from this province, which renders it
' very difficult to apply to him in some cases which
k may need a present help.

4 It were to be wished the affairs of New- York
4 would admit the governor oftener to attend those of
4 New-Jersey, he had not then been unacquainted with
'our grievances; and we are inclined to believe they
4 would not have grown to so great a number.

'It is therefore, in the first place, humbly presented
*" to the governor's consideration, that some persons
4 under >entence of death for murder, have not only
' remained till this time unexecuted, (they being con-
4 demned not long after lord Cornbury's accession to
'ihi< -ovcrnment) but often have been suffered to go
'at large; it's possible the governor has not been
' informed, that one of those persons is a woman who
'murdered her own child; another of them a woman
' who poisoned her husband: The keeping of them so
4 Ion- ha> been a very great charge, and how far it's a
4 reflection on the publick administration, to suffer such

T ' wretches

290 T H E , H I S T O R Y

A. B. f wretches to pass with impunity, we dare not say ; but
' sure the blood of those innocents cries aloud for ven-

* geance, and just Heaven will not fail to pour it down
' upon our already miserable country, if they are not
' made to suffer according to their demerits.

* Secondly, we think it a great hardship, that persons
'accused fox* any crime, should be obliged to pay court
' fees, notwithstanding the jury have not found the
' bill against them ; they are men generally chose out
' of the neighbourhood, and should be the most sub-
' stantial inhabitants, who cannot well be supposed to
' be ignorant of the character of the person accused,

< nor want as good information as may be had ; when
' therefore they do not find the bill, it is very reasonable

* to suppose the accused person innocent, and conse-

< quently no fees due from him ; we pray therefore,
'that the governor will give his assent to an act of
' assembly to prevent the like for the future ; otherwise
' no person can be safe from the practices of designing
' men, or the wicked effects of a vindictive temper.

' Thirdly, the only office for probate of wills being
' in Burlington, it must be very expensive and incon-
' venient for persons who live remote to attend it, espe-
' cially for the whole Eastern division ; we therefore
1 pray the governor will assent to an act to settle such
' an office in each county, or at least in each division of
' this province, and that the officers be men of good
' estates, and known integrity in the said county or divi-
' sion.

1 Fourthly, that the secretary's office is not also kept
' at Amboy, but that all the Eastern division are forced

* to come to Burlington, that have any business at said
' office, is a grievance which we hope the governor
( will take care to redress ; it seeming inconsistent with

* the present constitution of government established by
' the queen, which doth not admit one of the divisions
' of this province to enjoy more privileges than the
' other ; we therefore entreat the governor not to take
' it amiss, that we desire his assent to an act to be pass'd
' to oblige the secretary to keep the office at both places.

Fifthly,

OF NEW-JERSEY. 291

* Fifthly, the granting of patents to cart goods on A. D.
'the road from Burlington to Amboy, for a certain 1707.
' number of years, and prohibiting others, we think
' to be ;i grievance that is contrary to the statute 21 Jac.

* 1. c. 3. against monopolies; and being so, we doubt

* not, will easily induce the governor to assent to an act
' to prevent all such grants for the future ; they being

* d"<tnictive to that freedom which trade and commerce
1 ought to have.

' Sixthly, the establishing fees by any other power
' or authority than by the governor, council and repre-
'sontatives met in general asssembly, we take to be a
i iri'eat grievance, directly repugnant to Magna
'Charta, and contrary to the queen's express instruc-

* tions in the governor's instructions, which says,
" You are to take care, that no man's life, member,
" freehold or goods, be taken away or harmed in
" our province, under your government, otherwise
" than by established and known laws, not repugnant to,
'* but as near as much as may be, agreeable to the laws
" of England ; " we therefore pray, that the governor

* will assent to an act to be pass'd to settle fees ; without
f which we think no more can be legally demanded,
' than the persons concerned by agreement oblige
' themselves to pay.

Seventhly, the governor putting the former publick

* records of the Eastern division of this province into the
' hands of Peter Sonmans, pretended agent to the propri-
' etors, one that does not reside in the province, nor has

* not gi ven security for the well and true keeping of them,

* as is by the queen directed, and kept them so that her
' majesty's subjects cannot have recourse to them; and

* their being carried out of the division, is a great and

!i;r grievance: They are the only evidences that
' on«- half of this province has to prove the titles to their
' estate-, and this house is humbly of opinion, they
f ought to be so kept, that persons inav have recourse to

* them ; and in the hands of such of whose fidelity there
' i> no reason to doubt ; this being a thing so reasonable,

* encourages us to request the governor to assent to an

'act

292 THE HISTORY

A. D. ( act to be passed to put them in proper hands for the
1707. t future> that the country may not be under the same
1 disappointments they now are.

' These, governor, are some of the grievances this
( province complains of, and which their representa-
' tives desire may be redressed ; but there are others of a
1 higher nature, and attended with worse consequences ;
'.they cannot be just to the governor, themselves, or
' their country, should they conceal them : We did
' expect when the government of the Jersies was surren-
' dered, to feel the benign influences of the queen's mild
' government, under her more immediate administra-
' tion, and to be protected in the full enjoyment
' of our liberties and properties, the last of which we
' thought ourselves something more secure in than some
' of the neighbouring plantations; and had an entire
' depcndance that her majesty's royal bounty and good-
f ness, would never be wanting to make us easy and
' happy, even beyond our wishes : It is our misfortune,
1 that we must say, the success has not answered the
' expectation, and the queen's subjects here have felt
' the reverse of what they had most reason to hope ; that
' greatest and best of princes is, without all perad-
1 venture, ignorant of our pressures, or we had long
1 since had relief; she is too good to continue even the
1 deserved sufferings of the miserable, and has more of
-' Heaven in her than to hear the cry of those that groan
' under oppression, and the unkind effects of mistaken
' power, to whom we owe our miseries ; and what they
' are, the sequel shews.

' In the first place, the governor has prohibited the
' proprietors agents, commonly called the council of
1 proprietors, from granting any warrants for taking
1 up of land in the Western division of this province :
' We cannot see by what law or reason any man's pro-
' perty can be disposed of by the governor without his
' consent : The proprietors when they surrendered their
' government, did not part with their soil, and may
* manage it as they think fit, and are not to take direc-
' tions from any person whatsoever, how and when to

'do

O F N E W - J E R S E Y . 293

'•do it} if anv persons concerned be grieved, the laws A. D.
' are open, l>v which disputes in property are decided; 1-07.
'and he douhtlcss will not be left remediless. We are

* very sorry the governor gives us occasion to say, it is
' a irn-at encroachment on the proprietors liberties; but
'we are not suprised at it, when a greater encroach-
' tnent on our liberties lead the way to it, and that was
1 the governor's refusing to swear or attest three mem-
' bers of the last assembly upon the groundless sugge-
'stions of Thomas Revel and Daniel Leeds, two mem-
' bers of the queen's council, by which they were kept

* out of the assembly: We are too sensibly touch 'd with
' that procedure, not to know what must be the una-
' voidable consequences of a governor's refusing to swear
' which of the members of an assembly he thinks fit;
' but to take upon himself the power of judging of
'the qualifications 01 assembly-men, and to keep them
' out of the house (as the governor did the aforesaid
' three members nigh eleven months till he was satis-
' tied in that point) after the house had declared them
' qualified ; is so great a violation of the liberties of
' the people, so great a breach of the privileges of the
' hou-r of representatives, so much assuming to him-
' self a negative voice to the freeholders election of
1 their representatives, that the governor is entreated to
' pardon us, if this is a different treatment from what
' we expected : It is not the eifects of passionate heats,
'the transports of vindictive tempers; but the
'scrimis n •sciitmertts of a house of representatives, for
' a notorious violation of the liberties of the people, to
' whom they could not be just, nor answer the trust
' reposed in them, should they decline letting the
'governor know they are extremely dissatisfied at so
'unkind a treatment, especially when its causes and
' effects conspire to render it so disagreeable.

' It is notoriously known, that many considerable
'sums of money have been raised to procure the disso-
' lution of the liist assembly, to get clear of the pro-
'prietors <|uit-renK and to obtain such officers as the
'contributors should approve of ; this house has great

'reason

294 THE HISTORY

4~0?* ' reason to believe, the money so gathered was given to
170<. < lord Cornbury, and did induce him to dissolve the
' then assembly, and by his own authority keep three
' members out of the next assembly, and put so many
' mean and mercenary men into office ; by which cor-
'rupt practice, men of the best estates are severely
' harrassed, her majesty's good subjects in this province
' so impoverished, that they are not able to give that
'support to her majesty's government as is desired,
' or as they would be otherwise inclined to do ; and we
' cannot but be very uneasy when we find by these new
'methods of government, our liberties and properties
'so much shaken, that no man can say he is master of
' either, but holds them as tenant by courtesy and at
' will, and may be stript of them at pleasure : Liberty
' is too valuable a thing to be easily parted with, and
' when such mean inducements procure such violent
'endeavours to tear it from us, we must take leave to
'say, they have neither heads, hearts, nor souls, that
' are not moved with the miseries of their country, and
' are not forward with their utmost power lawfully to-
' redress them.

' We conclude, by advising the governor to consider
' what it is that principally engages the affections of a
'people, and he will find no other artifice needful than
' to let them be unmolested in the enjoyment of what
' belongs to them of right ; and a wise man that despises
' not his own happiness, will earnestly labour. to regain
' their love.

By order of the house,

' Samuel Jenings, speaker/

By this remonstrance may be seen much of the
history of the 'times, and that tho' things were carried
to arbitrary lengths, there were not wanting in the pro-
vince, men of discernment to see and lament the un-
happy situation of their country, and of spirit to
oppose it's greatest enemies ; several such were in this

' assembly

O F N E W - J E E, S E Y . 295

assembly, the speaker in particular,**, had very early A. D.
known New-Jersey, had lived thro' many changes
and commotions, to see great alterations in it; much
concerned in publick transactions, he knew what
belonged to a public character; he had governed
the western part of the Province for several years,
with integrity and reputation ; saw the advantages
of a just confidence, and that it could not be acquired
another way ; that though the office was in itself re-
spectable, it was the honest execution ' of it according
to it's dignity, that produced the intended service, and
s vi i red the approbation of a kind but watchful
mistress; for such queen Anne was accounted to her
governors. Jenings "was also undaunted, and lord
Cornbury on his part, exacted the utmost decorum;
while as speaker he was delivering the remonstrance,
the latter frequently interrupted him with a stop, what's
tliat, &c. at the same time putting on a countenance
of authority and sternness, with intention to confound
him; with due submission, yet firmness, whenever
interrupted, he calmly desired leave to read the passages
over again, mid did it with an additional emphasis upon
those most complaining ; so that on the second reading
they became more observable than before ;<>• he at
length got through; when the governor told the
house, to attend him again on Saturday next, at II
o'clock, to receive his answer ; he did not get ready till
the twelfth, when sending for the house, he delivered
his answer.

n. Lewis Morris, also now distinguished himself with great acti-
vity in behali of privilege and hud a large share in the whole
conduct i>t thin Mtemblj ; of him more hereafter.

o. After the house wa< gone, Cornbnry with some emotion, told
those with him, that Jenings had impudence enough to face the D-l.

CHAP.

296

THE HISTORY

A.D.
1707.

CHAP. XVI.

Lord Cornbury's answer to the assembly's remonstrance.

' Gentlemen,

/"~\N thursday last I received a paper from you,
V — ) which you call a remonstrance ; I then told you,
it was of an extraordinary nature, and contained many
particulars, which tho' they lay open enough to receive
an immediate answer, yet because I would not put it
in your power to say I had given you a rash inconside-
rate answer, I would make no return to it till the
Saturday following, at which time I sent you word by
the secretary, that I should not expect your attendance
till this day. I shall not take notice of any thing in
your preamble, but the two last clauses of it ; in the
first of which you say, that you have reason to think
that some of your sufferings are owing to the gover-
nor's long absence from this province, which renders
it very difficult to apply to him in some cases that
may need a present help : This is so far from being
true, that besides my being twice in this province
every year, and have never staid less than a Month,
some times six weeks, or more, the post goes every
week to New- York, by which I may be easily in-
formed of any emergency ; moreover the lieutenant
governor, colonel Ingoldsby, resides constantly in
this province, and would certainly have done right to
any persons that would have complained to him;
which makes this allegation very frivolous.

' In the next clause you say, that it were to be wished
that the affairs of New1 York would admit the
governor oftener to attend those of New-Jersey. The
affairs of New-York have never hindred the gover-
nor from attending those of New-Jersey, whenever
it has been requisite ; and I can safely say, I don't
know of any grievances this province labours under,
except it be the having a certain number of people

'in

O F N E \V - J E K S E V . 297

' in it, who will never be faithful to, nor live quietly A. D.
1 under any government, nor suffer their neighbours 1707>
1 to enjoy any peace, quiet or happiness, if they can

< help 'it.

'I now begin with your articles.
' Two women that have been condemned for mur-
' dering, have not been executed, there having appeared

* im»st notorious malice and revenge in some people,
'who were xealons in these prosecutions; the queen

* is the fountain of honour, justice and mercy; and

* as >lx- is so, she may when she pleases, exert her mer-
' ey, cither in reprieving or pardoning any criminal:
1 That power of pardoning and reprieving after con-
1 demnation, the subjects of this province, her majesty
1 ha- been pleased to intrust me with; and I am no
' ways accountable to any person or number of persons
4 whatsoever, for what*I do in those matters, but to the
1 queen's majesty alone.

• As for what you say, with relation to the appre-

* hensions you have, that just heaven will not fail to
' pour down vengeance upon your already miserable
' country, if these criminals are not made to suffer
'according to their demerits: I am of opinion, that
' nothing has hindered the vengeance of just heaven
' from falling upon this province long ago, but the
' infinite mercy, goodness, long suffering, and forbear-
' ance of almighty God, who has been abundantly
1 provoked by the repeated crying sins of a perverse
'generation among us, and more especially by the
'dangerous and abominable doctrines and the wicked
'lives and practices of a number of people; some of
'whom under the pretended name of christians, have
' dared to deny the very essence and being of the saviour
' of the world : It is a strange thing, that such an assein-
' blv of men as the representatives of the people of this
1 province are or ought to be, should complain of any
'thing under the name of hardship, before they had
' informed themselves whether the thing they had a mind
'to complain of, were really a hardship or not: This
' plainly i> your ca.-e at this time; for if you had asked

any

298 THE HIS T O 11 Y

A. B. < any man, that knows any thing of the practice of

* the law in England, you would have found, that
'if any proceedings had been carried on against any
' persons supposed to be guilty, they have always
' paid the court fees, notwithstanding the grand jury
' have not found the bill ; and this is so known a
' practice, that it is not to be disputed ; but when men
'will intermeddle with, or pretend to things which
'they neither know nor understand,, they cannot
'fail of misguiding themselves, and misleading those
' that have a mind to be guided by them.

' Indeed, if juries in this country were as they ought
'to be, the supposition might in some measure be
' allowed ; but we find by woful experience, that there
' are many men who have been admitted to serve upon
' grand and petty juries, who have convinced the world

* that they have no regard for the oaths they take, espe-
' cially among a sort of people, who under a pretence
' of conscience, refuse to take an oath ; and yet many
' of them under the cloak of a very solemn affirmation,
' dare to commit the greatest enormities, especially if
' it be to serve a friend, as they call him ; and these are
'the designing men, and the vindictive tempers, of
' which all the queen's good subjects ought to beware,

* and be protected from ; and these are the crying sins
' which will undoubtedly draw down the vengeance of
'just heaven upon this province and people, if not
' timely and seriously repented of.

' If I could persuade myself to wonder at any of the
'enormities contained in this remonstrance, (and
' which I would do if it came from any other men) it
' should be at this ; because no reasonable man can
' persuade • himself to believe, that a number of men,
' chosen by their country to represent them, would pre-
' sume to complain of a thing as a grievance, when the
' thing complained of is in fact not true ; for the office
' of probate of wills is wherever the governor is ; con-
' sequently not at Burlington only : Ever since the queen,
' has done me the honour to entrust me with the govern-
' ment of this province, I have never failed of being

OF "NEW-JERSEY. 299

'in the province twice every year, once at Burlington, A. D.
'and once at Amboy ; except the last year, that I had 1W7.
'the. unspeakable misfortune of losing a wife, whom
' I loved as my own soul, after a very long tedious
' sickness, during which lam persuaded no reasonable
' man could expect I should leave her for any time; and
'yet notwithstanding that, I was twice at Amboy last
' yi-:ir, where any body that had a will to prove, might
'have had it .done if they had pleased; besides my
' being twice every year in the province, considering
'the remoteness of Cape-May county and the county
' of Salem, I did appoint a surrogate at Burlington,
' before whom any of the inhabitants of either division
' might have had their wills proved ; I did not think
' it necessary to appoint one in the Eastern division
' because the inhabitants of that division who are most
' remote from New- York, are within a very easy day's
'journey of my surrogate at Burlington, and much the
' major part of the people of that division, are within
'a small day's journey of New- York, where their pri-
' vate aifairs daily calls many of them, and where any
' of them may have their wills proved without any
' injury to, or encroachments upon their properties,
' rights or privileges : This is so certain a truth, that I
'am persuaded all judicious and impartial men will
' look upon this complaint to be malicious, scandalous,
' and frivolous, contrived only to amuse poor ignorant
' people with notions of grievances ; when in truth
' there is no manner or cause of complaint : Besides
' what you desire, is a direct invasion of the queen's
' prerogative ; for it belongs to her majesty alone to
'appoint who shall take probate of wills, and grant
Metiers of administration; and that power the queen
1 ha< been pleased to vest in the governor; and I am
1 Mire I will never so far betray the trust her majesty has
' honoured me with, as to sacrifice her prerogative
' royal, to the humours of any person or persons what-
' soever : But of all the people in the world, the qua-
' kers ought to be the last to complain of the hardships
' of travelling a few miles upon such an occasion, who

'never

300 THE HISTORY

A. D. * never repine at the trouble and charges of travelling

1/07. t severai hundred miles to a yearly meeting, where it is

' evidently known, that nothing was ever done for the

'good of the country, but on the contrary continual

' contrivances are carried on for the undermining of

* the government both in church and state.

' You have had as little regard to the truth of mat-
4 ter of fact in this complaint, as in some of the rest ;
4 for it is certain, that the secretary's office is kept at
4 Amboy, as well as at Burlington, as far as the na-
4 ture of the thing requires, and it can admit of, for the
4 records of the eastern division, or at least so many of
4 them as the agent for the proprietors of that division
4 could hitherto recover from one Thomas Gordon,
4 into whose hands they were put in the time of the pro-
4 prietors government, and who has embezzled several
'of them, for which he must be answerable : there is a
4 supreme court held once every year at Amboy, there
' is no more at Burlington ; so that one division does not
4 enjoy more privileges and advantages than the other ;
4 and you have no more reason to desire a secretary's office
4 to be settled at Amboy, than the people of the county of
4 Cumberland would have to desire a secretary of state's
'office to be settled in their county, because it is a great
' way for them to travel to London when they have any
4 business in the secretary's office ; the thing is incon-
4 sistent in itself, to have two secretaries offices in the same
4 province, and consequently unreasonable, and I am
4 pretty well satisfied without precedent ; besides I don't
4 know any body that can claim the right or power of
'appointing a secretary in this province but the queen,
4 and she has been pleased to appoint one under the
' great seal of England, and her majesty is pleased to
4 think one sufficient, as undoubtedly it is ; but if you
4 had thought that another had been necessary, it would
4 have been much more modest to have acquainted me
4 with it, that I might have humbly represented it to her
'majesty, rather than to have remonstrated that as a
' grievance, which is done in pursuance of the queen's

* commands : But this is of the same nature with the

'rest

O F N E \V - J E R S E Y 301

' rest of your complaints, contrived ou purpose to a- A^ D.
'muse the poor ignorant people with a notion of grie-
' vances, when in truth there is not the least colour or
' cause of complaint. I could wish, since you had a
' mind to colour this complaint with the authority of
'an art of parliament of England, that you had
'advised with some lawyer, to know whether this
' could be any ways brought under that statute, or
1 can by any construction in the world be called a
'monopoly; but where a man engrosses a commodity
1 into his own hands, and imposes what unreason-
1 able price he pleases upon that commodity, or where
' a man is suffered to enjoy any trade or occupation
' exclusive of others, to the prejudice of the pub-
' lick, or particularly the hindering or burthening of
'trade; the thing now complained of is so far from
' being of that nature, tlfat it is directly contrary; for
' by the patent now complained of, the subjects of this
' province have the conveniency of sending such quan-
1 tities of goods to and from Burlington and Amboy,.
' as their private occasions, or the nature of their trade
' requires, at reasonable and certain rates, and at certain
'times, which they never could do before; for before
' the scit ling of this waggon, if any persons had occasion
' to -cud any goods to or from either of those places,.
' they were forced to hire a waggon, tho? perhaps they
' had not the tenth part of a load, and were forced to
' pay such rates as the owners of the waggon .thought
' fit to impose upon them ; whereas at present every
' body is sure once a fortnight to have an opportunity of
'-••ndiiur any quantity of goods, great or small, at
•"liable rateS without being in danger of being
' imposed up»n at the will of the owner of the waggon;
' and the settling of this waggon is so far from being a
'grievance or a monopoly, that by this means and no
'other, a trade has been carried on between Philadel-
phia, Burlington, Amboy and New- York, which
' WB8 never known before; and in all probability would
' never have been, had it not been for this certain
'convenient way of sending such quantity of goods

502 THE HISTORY

A. D. < as people pleased from place to place ; and in all the
'parts of Europe, the having pqblick carriages for
f goods has always been esteemed of absolute necessity,
* and the want of them has been looked upon as a hard-
f ship : But it seems those things which in the wisest
t and best governments in Europe, have not only been
' thought convenient but esteemed of absolute necessi-
' ty, are found out by some of our wiser people here,
' to be grievances and monopolies : This being un-
' doubtedly true, it's plain the patent complained of
( cannot come within the stat. of the 21 Ja. 1. chap. 3.
' This I believe will be sufficient to convince all reason-
' able men, how frivolous and unreasonable this cora-
( plaint is. I shall observe, that when I was first applied
' to for a patent for the allowing this waggon, which
' was by one Dellaman, who in colonel Hamilton's
/time was permitted to drive a waggon for carrying
'goods, tho' under no regulation, either with respect
\ ' to times of going, or prices for carrying goods, and
•' then was no monopoly ; before I would grant it, I did
' acquaint the council with it, and desired them to let
' me know, if they apprehended any inconveniency in
1 granting such a patent; those gentlemen were all of
' opinion, there could be no inconveniency in it, but
' rather a great conveniency ; and indeed experience
'' has proved that opinion to be true ; nay, rnr. Lewis,
1 Morris himself, the chief promoter of these unreason-
'able and frivolous complaints at this time, who had
' the honour to be one of her majesty's council, ex-
' pressed himself very fully to that purpose : Indeed
' had that gentleman ever been consistent with himself
' in any two actions of his life, I should wonder how
' he could so soon alter his opinion in a case of that
'nature: but his behaviour at all times having fully
' convinced the world that he never was so, makes me
' cease wondering : This clause of your remonstrance is
' indeed of a more extravagant nature than the former,
'for you presume to call that a great grievance, and
' affirm it to be directly contrary to magna charta, and
' * contrary to the queen's express directions in the

' governor's

OF NEW- JERSEY. 303

' governor's instructions ; which is most certainly ex- A. D.
' aetly pursuant to, and in obedience of the express 1/07*
1 words contained in the queen's instructions to the
' governor ; so that you make the governor's faithful

* obedience to the instructions the queen has honoured
'him with, to be a great grievance; which is no less
' than accusing her most sacred majesty, the best of
''queens, of commanding her governor to do things *
' which in themselves are great grievances; how grate-

' ful a return this is to her majesty, for the repeated
' favours she has been pleased to shew to this province
' and people, let the world judge !

' That clause of my instructions which vou recite
' in this article, has no manner of relation to fees; in-
' deed there is another clause in my instructions, which

* directs how, and by whom, all fees shall be settled,
'and the queen's commands have been observed; the
' words of the clause are those, " And you are with
" the advice and consent of our said council, to take
" especial care to regulate all salaries and fees belonging
" to places, or paid upon emergencies, that they be
" within the bounds of moderation, and that no exac-
u ii<>n be made on any occasion whatsoever; as also that
'• tables of all fees be publickly hung up in all places
" where such fees are to be paid, and you are to trans-
" mit copies of all such tables of fees to us, and to our
" commissioners for trade and plantations as aforesaid ; "
' and I challenge every one of you, and all mankind,
' to shew, how, when, and where, any man's lifij,
' member, freehold, or goods, have been taken away,
1 or harmed in this province, since it came under her
' majc~tyV government, otherwise than by established
'and known laws, not repugnant to, but as much as
' may be, agreeable to the laws of England: When I
' first read this clause, I could not imagine what it was
' put in for, unless it were on purpose to arraign the
Spleen's express commands to me. First, Mr. Son-
' maus is not the pretended agent, but the lawfully
'constituted agent for the proprietors of the eastern

of this province, and has Qualified himself

' according

304 THEHISTORY

A. D. < according to the queen's instructions to me, and he
1707. ( (joes reside the greatest part of his time in the pro-
' vince ; the records are not carried out of the Eastern
' division, unless it be those which Thomas Gordon
' has imbezzled ; but those that came to the hands of
' Mr. Sonmans are kept at Arnboy, where any body
1 may have recourse to them that will desire it, at any
' reasonable hour ; and the country is not under any
' disappointment upon that account ; besides the records
' of the Eastern division were put into the hands of the
' proprietors agent, by an order from England, upon a
' complaint made in England, that the records were
' not in the hands of the proprietors agents.

" These, governor, are some of the grievances."
' This is certainly one of the boldest assertions that
' ever was made, especially when there appears no man-
6 ner of proof to make it out : When I read these two
' clauses ; for there are two before you come to enume-
' rate these grievances of an higher nature, and attend-
1 ed with worse consequences, I expected to have found
( myself,- or some other, persons intrusted with me in
1 the administration of the government over her ma-
jesty's subjects in this province, not only accused, but
' made plainly appear, by undeniable manifest proofs,
' beyond the possibility of a contradiction, to be guilty of
( the most enormous crimes: Who can imagine when
' such a body of men, as the representatives of a pro-
1 vince, venture to say, that they did expect when the
' government of the Jersies was surrendered, to feel the

* influences of the queen's mild government under her
1 more immediate administration, and to be protected

* in the full enjoyment of their liberties and properties ;
' the last of which they thought themselves a little more
f secure in, than some of the neighbouring plantations,
' and had an entire dependance that her majesty's royal
' bounty and goodness would, never be wanting to make
1 them easy and happy, even beyond their wishes ; it is
' their misfortune, that they must say, the success has
' not answered the expectation ; and the queen's sub-
1 jects here have felt the reverse of what they had most

' reason

4

1

( ) i N K \V - J K K 8 K Y . 305

reason to hope that the greatest and best of princes
i- without all pcradvcntiire ignorant of their pres-
sure.-, or they had long since had relief; she is too
"-nod to continue even the deserved sufferings of the
miserable, and has more of heaven in her, than not
to hear the cries of those that groan under oppression
'and the unkind effects of mistaken power, to whom
1 they owe their misery; who would not, I say, after
'such assertions, expect to see the governor proved
1 guilty either of treason, or betraying the trust re-
' po>cd in him by the queen, by depriving the subjects
' of their lives, their estates or properties, or at least
'denying them justice, and perverting the laws, to the
' oppression, instead of admmistiing them for the pro-
1 tection and preservation of the people committed to
' his charge ? These or the like crimes manifestly proved,
' are the only things that can justify men in the accus-
' ing a governor of corrupt practice, and of shaking
'the liberties and properties of the people; but if
' none of these things can be proved, but on the con-
' trary, it does appear plainly, that no one act of seve-
' rity, much less of injustice or oppression, has been
4 done since the government of this province came im-
' d.-r the queen, but that there has been an impartial,
'just and equal administration of justice observed thro'
' out the whole course of my government, and that
' many acts of mercy have been extended to persons
' who deserved to be severely punished ; then what sort
4 of creatures must these bold accusers appear to be, in
' the eyes of all impartial and judicious men ! That
'these are truths beyond all contradiction, and which
•all the people of this province know, I olo challenge
1 you, and every one of you, to prove the contrary:
' And tho' I know very well, that there are several
' unquiet spirits in the province, who will never be
' content to live quiet under any government but their
'own, and not long under that neither, as appears by
'their methods of proceeding when the government
in the hands of the proprietors; when many of
very men who are now the remonstrancers, were
u 'in

306 THE HISTORY

A-D. <jn authority, and used the most arbitrary and illegal
€ methods of proceeding over their fellow subjects
' that were ever heard of; yet I am satisfied, there are
' very few men in the province, except Samuel Jen-
' ings and Lewis Morris, men known neither to have
'good principles, nor good morals, who have ventur-
' ed to accuse a governor of such crimes, without anv

* proof to make out their accusation; but thev are ca*-
' pable of any thing but good.

' But that the unreasonableness of these complaints
< may appear the plainer, let us consider what these

* enormities of mine are, that have turn'd the benign
' influences of the queen's mild government into op-

* pression, and the unkind effect of mistaken power :
' First, by the instructions her most sacred majesty the
' queen has honoured me with, I am to allow all such
' agents as the general proprietors shall appoint, such
'agents qualifying themselves by taking such oaths as
' the queen is pleased to direct, and no others ; no per-
' sons under the name of a council of proprietors have
' ever tendered themselves to take those oaths, conse-
' quently they are not capable of acting as agents ;
'Besides, I say, those people who call themselves a
'council of proprietors, are a parcel of people, pre-
' tending to act by a power derived from certain per-
' sons, who have no power to grant ; the governor has
( therefore done in this case nothing but his duty, in
' hindering, as far as in him lay, that pretended coun-
' cil of proprietors from acting illegally, which they
( have long done to the prejudice of her majesty's sub-
'jects: This is a truth I cannot doubt of, because be-
' sides the other reasons I have to satisfy me in that
' point, you have voted my putting the records of the
' eastern division into the hands of Peter Son mans, to
' be a grievance ; tho' Mr. Sonmans has qualified him-
' self long ago ; so that the council of proprietors not
'having qualified themselves at all, is a much greater
' grievance. By the queen's instructions to me, she
' is pleased to direct, that no person shall be capable of
' being elected a representative by the freeholders of

' either

OF NEW-JERSEY. 307

'cither division, or afterwards sitting in general assem- A. D.
' bly, wlio shall not have one thousand acres of land, 1707*
' of an estate of freehold in his own right, within the
' division for. which he shall be chosen ; two gentlemen
'of the council informed me, that -three persons,
' whose names they then mentioned, were not qualified ;
' upon which I refused to take their attestations (for
' they were all Quakers) and in so doing, I did my

* duty : I recommended it to the assembly at that time
' to proceed in the first place, to enquire into that matter ;
' but they did not think fit to do it, till they had sat
'about three weeks, and then they sent me a message,

* to desire those three members might be sworn, for
' they were satisfied .they were qualified ; I sent them
' word, that if they would communicate to me the

* proofs which had satisfied them, I should be ready to
' admit them ; but that they would not do : In some few
1 days the assembly was adjourned to meet at Burling-
' ton, where they met at the time appointed, and sent
1 i M«- tin- same message as they had done before ; I sent
'them the same answer ; upon which they ordered the
' three members to produce to me the proofs of their
'qualifications; which having done, I admitted them

* i mined lately, which I could not do before, without
'breaking the queen's instructions ; so that it was en-
' tirely through their own stubborncss that they were
' not admitted sooner, and no intent or desire of mine to
' keep them out : If I had had a mind to keep any mera-
' hers out of the house, I could have made objections
'which they could never have answered; but such
' practices are below me; and it is not true, that I have
' made any violation of the liberties of the people, nor
' have assumed to myself a negative voice to the free-
' Holders election of representatives, as this house of
' repiv-entatives has lately most notoriously done: But
' of that more anon.

'Indeed the treatment I have met with from tlr's
' house of representatives, is far different from what I
'and all reasonable men expected from most of them,
'thinking them endowed with reason and common

1 justice

308 THE HISTORY

A. D. 'justice to mankind ; but it is not different from what I
1707. < expected from Samuel Jenings and Lewis Morris,
' two men notoriously known always to have been
'disturbers of the quiet and peace of this province,
' men always possessed with passionate heats, and the
' transports of most vindictive tempers, but never
' capable of such serious resentments as would become
i a house of representatives, if there were any occasion
' given them to shew any ; how they have been able to
'prevail with the major part of the house to join with
1 them, in destroying as far as in them lay, the reputu-
'tion of a gentleman who has the honour to serve the
' queen as governor of this province, and is so far
'from deserving such treatment from them, that he
1 has always done to the utmost of his power, for the
' good, welfare and prosperity of this province and
1 people, and would have done much more if the
' assembly would have put it into his power, by pre-
' paring such bills as the governor at the beginning of
1 every sessions has recommended to them, and the
' condition of the country required ; but that they must
i answer for to God and their own consciences, and
' perhaps one day to me.

' Whether many considerable sums of money have
' been raised or not, I know not ; and if they were
1 raised, for what intent and purpose they were raised I
' know not ; but this I know, that if any money was
i raised, it was not given to me, nor was ever any mo-
' n ey offered to me to procure the dissolution of the
' first assembly, or to get clear of the proprietors quit
1 rents, or to obtain such officers as the contributors
1 should approve of, as is falsly alledged : The reasons
< why I dissolved the first assemby were evident to all
' mankind ; for it was plain that house never intended
' to do any thing for the support of the queen's govern-
' ment, nor for the good of the country ; and indeed
' better could not be expected from an assembly so cor-
1 ruptly chosen as that was ; for some of the now
' remonstrancers, and some other people, prevailed
' with Thomas Gordon, then sheriff of the county of

' Middlesex,

o F x P; \v - J E R s K y . 309

4 Middlesex, to refuse a poll when demanded ; and A. D.
' when the people, injured by that practice, complained
4 to the house of representatives, they had a day
' ,-i— -iii'iH-d them to be heard, but were limited to bring
4 but t \\vntv witnesses; the people attended at the day
'appointed, with the number of witnesses they were
'allowed to bring, but were then by the house refused
'to be heard, not only by themselves but by their
' council, and their witnesses refused to be examined ;
Mho' at the same time they heard Thomas Gordon,
' who was complained against, and did examine some
'witnesses on his behalf; upon which the petition of
'the complainants was d ism ist, thereby supporting the
'illegal proceedings of the sheriff; this was a .viola-
' lation of the rights of the }>eople with a vengance,
'and a sufficient reason, (if I had no other) for the
' dissolving that assembly, that the people might once
' more have a free choice of their representatives : As
' for getting clear of the proprietors quit rents, it is
' such an absurdity to mention, that no body would be
' guilty of it but Samuel Jenings and Lewis Morris;
' for it is evident, that at the beginning of every sessions
'I have recommended it to the assembly* to prepare a ,£
' Bill or Bills, for settling the rights of the proprietors;
'which I suppose will be a full answer to that part;
' and as I know of no such men as contributors, so
' can I have no such application made to me : I have
4 not knowingly put any mean or mercenary men into
'•ffice; indeed at my first coming into the
'government of this province, I desired the gentle-
4 men of the council, to recommend persons to me fit
l>e put into offices, military and civil ; several of
' them gave me lists, and amongst the rest mr. Lewis
' Morris gave me one, which I have still by me, in
'which indeed, by experience, I find there are some
' mean, scandalous men ; but I cannot accuse any body
'eUe nf doing the like. Thus much I thought my-
*M-lf obliged to say, in answer to your remonstrance,
' to sm>!\ the world of the falshood of your allegations
'and the unreasonableness of your complains. I have

'said

310 T H E II I S T O R Y

•$$?• ' said tne IGSS m answer to the scandalous reflections you
1707. < have cast upon me, because I do not doubt, but upon
' my most humble application to her most sacred ma-
'jesty the queen, she will be graciously pleased to
' allow me to take such measures as may be most proper
'to procure me ample satisfaction, for the great and
'extravagant injuries you have done me: As for the
'advice you conclude with, I shall only say, that I
' can never answer the taking advice from men who
' do not know how to govern themselves, and who
' have always opposed the service of the queen, and
'the interest and good of the country, which are
' inseparable.

' Now, gentlemen, I shall take notice to you of some
' of your late unaccountable proceedings in this assem-
' bly, which I can't pass by without a breach of the
' trust reposed in me by her majesty ; and first, I shall
'observe, that at the opening of 'the sessions, I recom-
' mended to you the settling a revenue, and the preparing
'several bills which I thought might be useful for the
' country ; and I told you, that if you found any thing
' else necessary to be provided for by a law, you should
,v* ' always find^ me ready to agree to any thing that might

' be reasonable ; but instead of proceeding upon those
' things so necessary, that they ought to have employed
' your first thoughts, you have squandered away your
' time in hawking after imaginary grievances, for the
' space of one whole month, without making one step
' towards the service of the queen, or the country ;
' you have presumed to take the queen's subjects into
' the custody of the Serjeant at arms, who are not
' members of your house ; which you can't lawfully do ;
' and is a notorious violation of the liberties of the
'people; you have taken upon you, to administer an
' oath to one of your members, and have expelled him
'the house for refusing to take an oath, which you
' could not legally administer to him : This is most
'certainly robbing that member of his property, and
' a most notorious assuming to' yourselves a negative
* voice to the freeholders election of their representa-

' tives ;.

O F N E W - J E R S E Y . 311

' lives ; for which there can be no precedent found : A. D.

' You have arbitrarily taken upon you, to command 1707'

' the high sheriff of this county, to discharge a prisoner

1 who was in his custody, at the suit of one of the

' queen's subjects ; and he has been weak enough to do

1 it, for which he lies liable to be sued for an escape,

1 whenever the gentleman thinks fit to do it; and from

1 which you can't protect him: This is a notorious

1 violation of the rights of the subjects, and a manifest

'interruption of justice: You have taken upon you, to

1 appoint one of your members to act as clerk of the

' committee of the whole house, which you have no

' power to do ; and the party officiating is liable to be

' prosecuted for acting without lawful authority, and

' without being qualified to act. These, gentlemen,

' are some of the irregularities you have been guilty of

' this sessions; some «f them are encroachments upon

' the queen's prerogative, the rest are all notorious

' infractions upon the liberties and properties of the

i people.

1 1 was going to conclude, with giving you some ^

' wholesome advice; but I consider that will be but
' labour lost, and therefore shall reserve it for persons
' who I hope will make a right use of it.

CHAP. XVII.

The assembly's reply to Lord Cornbury's answer to their
remonstrance.

r~T"MIE assembly did not immediately go upon the con- Fanco-

_!_ sideration of a reply, having before them the trea-
surer, Peter Fauconier's accounts, in which they found
many articles extraordinary in their nature, several of
them Ix-iiiLT paid by Cornbury's order barely, and the
whole without vouchers; they sent for him; he attend-
ing, n -fused to lay his vouchers before them without the
governor's commands; two members were sent to the

governor

312 THE HISTORY

A. D. governor, to desire him to order the treasurer to lay the
vouchers of his accounts, and the orders for the pay-
ment of the sums therein mentioned before them ; the
governor said, he had already ordered it, though it was
what he could not legally do, because the lord high
treasurer had appointed an auditor general for the pro-
vince, and he not being in it, had deputed one to audit
the accounts, and that the treasurer was accountable
only to the lord high treasurer; but if the house was
dissatisfied with any articles in the accounts, and
thought proper to apply to him, he would satisfy
them : This was not done ; and the accounts, extraor-
dinary as they were, remained unsettled till Hunter's
administration several years after. Several bills of con-
sequence were now also under consideration ; but Corn-
bury, apprehensive, that if he suffered the sessions to
continue much longer, it would produce something not
to his advantage, on the 16th adjourned the house till
the next September, to meet him at Am boy. In the
October following they met accordingly : The first
thing now concluded on, was a reply to the foregoing
answer to their remonstrance ; next place, they resolved
N. C. D. that they would raise no money till the
governor consented to redress the grievances of the
country; which if he did, they would raise £. 1500,
for support of government for one year.

On the 28th, the house sent a committee to acquaint
the governor, that having seen his answer to their
remonstrance in print, they thought fit to make a
reply to it, and desired to know when he would admit
them to wait on him with it; the governor said, he
would return an answer in due time ; they waited for
his message till next day, and then concluding he in-
tended to elude giving them opportunity of presenting
it, sent a committee with it, but he would not receive

it;

O F N E W - J E R S E Y . 313

it ;/>• upon which they ordered it to be entered in their A. D.
journal, as follows:

• Mav it please your excellency,
vVfi, the representatives of this her majesty's pro-
' vinee of New-Jersey, finding her majesty's subjects
' <:Teatlv, and as we are very well satisfied with good rea-
*" sun. a-.r'_rrieved ; thought we could not answer the trust
' reposed in us bv our country, should we not endea-
' vour to get those hardships removed under which they
' labour.

' It wa- needless to hunt aft*er imaginary grievances,
' real ones in too great numbers presenting themselves;
' and though from you we have miss'd of obtaining
1 that relief that the justice of our complaints intituled
'us to; yet we do not dispair of being heard by her
'sacred majesty, at whose royal feet we shall in the
1 humblest manner lay an account of our sufferings;
'and however contemptible we are, or are endeavoured
' to be made appear, we are persuaded her majesty will
' consider us as the representatives of the province of
4 New- Jersey, who must better know, what are the

* grievances of the country they represent, than a go-
4 vcrnor can do, who regularly ought to receive infor-

* mations of that kind from them; and we do not
'doubt that glorious queen will make her subjects
' heiv as ea-v and happy as she can.

' When we told your excellency, we had reason to
' think some of our sufferings were very much owing
' to your excellency's long absence from this province,
' which rendered it very difficult to apply to your lord-
' ship in some ea-es that might need a present help, we
4 .-poke truth; and notwithstanding all your excellency

'has

^>. Their mearage to introduce it he received, and the next chy
laid it before the council, as follows: 'The house of representative*
'haying sent a message to your excellency, to know when your
'excellency would U- waited upon with a reply this house has
| made to your excellency's answer to the'r remonstrance ; and your
'excellency having not, as is usual in such Cases, assigned them any
'time, they have appointed us to wait on your excellency with the
'said reply, and to deliver it to you.'

314 THE HISTORY

A. D. * has said of a months or twelve weeks in a year, and

1707. < faQ weekly going of a post ; we cannot be per-

' swaded to believe, that nine months and upwards in a

' year, is not a long absence, especially when the seal

* of the province is carried and kept out of the govern-
' ment all that time ; and the honourable colonel
' Ingoldsby, the lieutenant governor, so far from
' doing right, that he declined doing any act of

government at all ; whether he governs himself by
your excellency's directions or not, we cannot tell ; but
sure we are, that this province being as it were with-
out government for above nine months in a year, we
must still think it a great grievance, and not made less
so by carrying the seal of the province to New- York,
and laying her majesty's subjects under a necessity of
' applying from the remotest part of this province, for

* three parts of the year and better, to your excellency

* at fort Ann, in New- York, from which place most
' of the commissions and patents granted during your
' excellency's absence, are dated, (by what authority
' we shall not enquire) notwithstanding a lieutenant
' governor resides in the province, and is by her ma-
'jesty's commission impowered to execute the queen's
' letters patents, and the powers therein contained,
' during your excellency's absence from this province
' of New-Jersey ; without which powers given and
' duly executed, a lieutenant governor is useless and an
' unnecessary charge ; and we cannot think, that her
' sacred majesty, who honoured that gentleman with so
' great a mark of her royal favour, as giving him a
' commission for lieutenant governor of New-Jersey,
' did at the same time inhibit him from executing the

* powers therein exprest.

* Things are sometimes best illustrated by their
'contraries; and perhaps the most effectual way to
' convince the world, that this complaint is frivolous

* and untrue, as by your excellency alledged, would
' be, for your excellency to bring the seal of the pro-
'vince of New- York to Burlington, keep it there,
' and do all the acts of government relating to the pro-
vince

OF NEW-JERSEY. 315

' vince of New- York, at Burlington, in New-Jersey, A. D.
'for about three fourths of a year, and let the lieute- -1'07-
nant governor reside at New- York during that time,
without doing any act of government, adjourn their
assemblies on the very day, or day before they are to
meet, that they may not lose the advantage of
travelling to New- York, from the remotest part of
that province, and at a time when it cannot be done
'without the utmost prejudice to their affairs; it's
' hardly probable they would be pleased under such an
' administration, notwithstanding the case of inform-
' ing your excellency every week by the post, of any
' emergency that might happen.

1 We are apt to believe, upon the credit of your ex-
'cellency's assertion, that there may be a number of
' people in this province who will never be faithful to,
' or live quietly under any government, nor suffer their
' neighbours to enjoy any peace,, quiet nor happiness,
' if they can help it; such people are pests in all go-
' veruments, have ever been so in this, and we know
' of none who can lay a fairer claim to these characters
' than many of your excellency's favorites.

' What malice and revenge were in the prosecution
' of the condemned persons, we don't know ; we never
' heard of any till now, and hardly can be persuaded
'to believe it's possible there should be in both the
' instances.

' It is not impossible, there might be malice in the
' prosecution of the woman who was condemned for
' poisoning her husband ; there not being (as is said)
'plain proof of the fact, but it was proved she had
' attempted it before more than once ; and there were
1 so many other concurring circumstances as did induce
'the jury, who were of the neighbourhood (and well
4 knew h«T character) to find her guilty, and it is hardly
' probable their so doing was an act of malice.

' The woman who murdered her own child, did it
' in such a manner, and so publickly, that it is unreason*
'able to suppose there could be any malice in the pro-
' secution of her, and we cannot think (notwithstand-

1 ing

31G THE HISTORY

A- D- ' ing your excellency's assertions) that you can or may
' believe there was. This woman was a prisoner in
' the sheriff's custody for breach of the peace, and
' going about some of the household affairs the sheriff
' employed her in, with a knife in her hand, her child
1 who was something fro ward, followed her crying ;
' upon which the mother turned back to it and cut it's
'throat; but not having cut it deep enough, the child
'still followed her all bloody, and crying, O ! mother
f you have hurt me ; the mother turned back a second
' time, and cut it effectually, and then took it up and
' carried it to the sheriff or his wife, at whose feet she
1 laid it: How far such a wretch is entitled to the queen's
' favour, her majesty can best tell, when she is made
'acquainted with the fact; but sure we are, she never
' gave your excellency the power of pardoning wilful
' murder : Whether your excellency has or has not re-
' prieved them, you best know, and are only accounta-
' ble to her majesty for your procedures therein; tho'
' we have too much reason to believe, the favourable
' opinion your excellency has so publickly expressed of
' her, has been a great reason to induce her to make

' her escape, which she has done. We thought it our

'duty, humbly to represent that matter to your excel-
' lency's consideration, and had reason to be apprehen-
' sive of the judgments of almighty God, whose infi-
' nite mercy has hitherto suspended the execution of
' his justice, notwithstanding that great provocations
' have been given him, by impiety, prophaneness and
' debauchery, under the mask of a pretended zeal for
' his glory, and love for his church : It is not our busi-
'ness to enter into religious controversies; we leave
' them to divines, who ought best to understand things
' of that nature, and who may perhaps inform us what
' is meant by denying the very essence of the saviour of
' the world.

' We cannot yet be persuaded, that an innocent
' person should pay fees ; what the practice in England

* is, we did never enquire, but believe, that persons

* acquitted by a grand jury, do not pay those extra va-

'gant

OF NEW-JERSEY. 317

'gant fees they are made to pay here; we did not A. p.
'govern ourselves by the practice there, but the unrea-
'sonablene-s of the thing; and your excellency does
' grant, that what we say is in some measure to be
'allowed, were the juries in this country such as they
'ought to be ; we hope they are, and our experience ha*
' not convinced us, that persons who under pretence
'of conscience refuse an oath, have yet no regard for

* the oaths they take, as your excellency says. The
' temptations to resentment prove often too powerful,
1 and irresistably engage us in unbecoming heats, and
' when the characters of men are written with pens
Moo deeply dipt in gall, it only evinces a want of tem-
' per in the writer. Our juries here are not so learned
' or rich as perhaps they are in England ; but we doubt
' not full as honest. We thought the only office for
' probate of wills was ^it Burlington; but your excel-
' Icncy has convinced us, that it is wherever your
4 excellency is, and consequently may be at York,.
' Albany, the east end of Long-Island, or in Con-

* necticut, or New- England, or any place more remote-
' should your excellency's business or inclination call
1 you there; which is so far from milking it less a
' grievance, that it rather makes it more so ; and not-
' withstanding those soft, cool, and considerate terms
'of malicious, scandalous and frivolous, with which
'your excellency vouchsafes to treat the assembly of
' this province; they are of opinion, that no judicious
'or impartial men, will think it reasonable, that the
' inhabitants of one province should go into another
' to have their wills proved, and take letters of admi-
' nistration at Fort Ann, from the governor of Xew-
' York, for what should regularly be done by the
' governor of New-Jersey in Jersey^ te* which place
'all the acts of government relating to New-Jersey,.
4 are limited by the queen's letters patents under the
'great seal of England; and when your excrllency is
' ab-cnt from New-Jersey, to be executed by the lieu-
4 tenant governor; and by the said letter's patents not
' the least colour of authority is given to. your excel-
lency,.

318 THE HISTORY

A. D. < lency, to do any act of government relating to

170<. 'New-Jersey, any where but in Jersey; nor is there

1 any instruction (that we know of) contradicting the

'said letters patents any where upon record in this

' province, to warrant your excellency's conduct in that

' affair : If this be not cause, and just cause of com-

' plaint, we do not know what is ; we are inclined to

' believe, the province of New- York would think it

'so, were they to come to Aruboy or Burlington, , to

prove wills, &c.

' We do not think, that what we desire, is an inva-
' sion of the queen's right ; but what her majesty,
' without infringement of her prerogative royal, may
' assent to ; and their late majesties of blessed memory,
' did, by their governor colonel Fletcher, assent to an
'act made in New- York, in the year 1692, entitled,
'* An act for the supervising intestates estates^ and regu-
1 lating the probate of wills, and granting letters of
'administration;' by which the court of common pleas
' in the remote counties of that province, were im-
' powered to take the examination of witnesses to any
•' will within their respective counties, and certify the
' same to the secretary's office; and the judges of the
'several courts in those remote counties, impowered
•' to grant probates of any will, or letters of adrninistra-
' tion, to any person or persons, where the estate
' did not exceed £. 50 ; what has been done there may
' with as much reason be done here, without sacrificing
* the queen's prerogative royal to the humours or
' caprices of any person or persons whatsoever.

' It is the general assembly of the province of New-
'( Jersey, that complains, and not the quakers, with
' whose persons (considered as quakers) or meetings we
'have nothing to do, nor are we concerned in what
' your excellency says against them ; they perhaps,
' will think themselves obliged to vindicate their meet-
' ings from the aspersions which your excellency so
•' liberally bestows upon them, and evince to the world
•' how void of rashness and inconsideration your excel-
"* lency's expressions are, and how becoming it is for

'the

OF NEW- JERSEY. 319

* the governor of a province to enter the lists of con- A. D.

* troversy, with a people who thought themsel ves
' entitled to his protection of them in the enjoyment
' of their religious liberties ; those of them who are
' members of this house, have begged leave in behalf
' of themselves and their friends, to tell the governor,
'they must answer him in the words of Nehemiah to

* Sanballat, contained in the 8th verse of the 6th
'chapter of- Nehemiah, viz. There is no such thing
t done as thou sayest, but thou feignest them out of thine
' own heart.

1 We are so well assured the fact is true, that the
' secretary's office is kept at Burlington only, that we

* si ill are of opinion it is a grievance, for the reasons
4 we have assigned ; the proprietors records has not any

* thing to do with the secretary's office, but is an office
4 wholly belonging to* the proprietors, and altogether
' at their disposal ; and is not a secretary's office kept at
4 Amboy, either as far as the nature of the thing re-
' quires or can admit of, or any way at all.

' And as the assemblies and courts sit alternately
4 at Amboy and Burlington, so it is highly reasonable
' the secretary's office should be kept alternately also
' at both these places, or by deputy in one of them,
' and may be very well done without making two secre-

* tarics.

' I>oth this and the rest of our complaints, are not

' with design to amuse the people, but are just and

-nimble; and we believe, will by the people be

1 thought to be grievances till they are redressed; who

'can no more think it reasonable, that all the inhabi-

' tants of the ea-tern division should come to the office

Burlington, than that all of the western division

' should go to Amboy.

* \Ve arc still of opinion, the grant we complain of
' is against the statute we mentioned, because it is ex-
; duHvc of others, and to the prejudice of the publick.
' It can never be thought reasonable to prohibit any
'body to cart their own goods, or any body's else, as
4 by virtue of that grant has been done; and not only in

'the

320 T H E H I S T O R Y

A. D. * the road from Amboy to Burlington, but in the- road
' from Shrewsbury ; and a patent may as well be
' granted to keep horses to hire, by which a man may
1 be hind red to ride his own: It is destructive to the
' common rights of men, and a great grievance, and
' we had reason to endeavour to get it redressed.

' It's true, a certain convenience for transportation of
' goods, is no .doubt of great use, and the profit that
' accrues by such undertakings, is the motive that in-
' duces any persons to be at the charge of them, and!
' providing n't carriages for that end, and of ascer-
' taining the times and prices of carrying ; and the more
' providers of such carriages, the more certain and
' cheap the transportation, and freest from imposition ;
' and consequently the fewer carriages, the less certain
' and dearer, and the persons under a necessity of using
' them more subject to be imposed upon by the carrier ;
'now whether granting by which others are excluded,
' waving the unlawfulness of it, be a means to increase
' the number of the undertakers in that kind, or to-
' lessen them, and confine those who have any occasion
' to transport goods, to give such price as he that has
' the patent thinks fit to impose, we leave to all men
'of common sense to judge; and if experience may
' be admitted to determine that matter, it is plain that
' transportation of goods, both by land and water, is
' dearer than it was before the granting of that patent :

* It's true, the certainty was not so great as now; for
' now we are certain that a man cannot with his own
' carts carry his own goods, but that if he does they
1 will be seized ; and if that be one of the conveniences
' which the wise people in Europe think of absolute
' necessity, we shall think it no irony to be called wiser,
1 in differing from them, and calling them monopolies
' as they are, and prejudicial to trade, and especially
' that between York and Amboy, Burlington and

* Philadelphia; which did not owe it's beginning to
'your excellency's patent, but was begun long before
'your excellency had any thing to do with New-Jersey,
'and in all probability had much more increased were

'it

O F N E W - J E R S E Y . 321

' it not for that patent; and we believe whenever the ' *

4Lientiemen of the law will give your excellency their

'true opinion of it, yon will not be long in doubt

4 whether 'tis a monopoly or not: We thought it a

4 monopoly, as we do still, and a grievance, as is also

4 both that and other grants made by your excellency

4 at fort Ann in New- York, for any thing in Jersey.

' Your excellency has neither by birth nor acquisi-

'tion, a right to the sovereignty of New-Jersey ; nor

4 have you any power of governing the queen's subjects

' here, but what her majesty is pleased to grant you by

' her letter.- patents, under the great of England ; by

4 which letter.- patents the powers therein contained, are

* limited to that country, which was formerly granted by

' king Charles the second, under the name of Nova Cae-

4 saria or New-Jersey, and which has since been subdi-

4 vided by the proprietors, and called East New-Jersey,

4 and West. New-Jersey, and which her majesty is pleased

' to reunite under one entire government, viz. " The

44 divisions of East and West New-Jersey, in America ;

44 and in case of your excellency's death, or absence from

4> that country, which was subdivided by the proprie-

4- tors, and called East New- Jersey and West New-

" Jersey, the powers of government are lodged in

44 other hands." Now either fort Ann and the city

4 of New- York, is in that country granted by king

4 Charles the se.-ond, and sub-divided by the proprie-

4 tors thereof, and called East New- Jersey and West

4 New-Jeisey; or your excellency is absent from New-

4 Jer-ey, when yon are at fort Ann in New- York ; that

4 fort Ann is in New-Jersey, we believe, that even your

'excellency will think impracticable to persuade us to

4 do so much violence to our reason as to believe;

'therefore your excellency when at fort Ann, or any

4 where in New- York, is absent from New-Jersey;

4 and what the consequence is we need not say, thinking

4 the pretence of a power to do acts of government

'relating to New-Jersey, at fort Ann, in New-York,

4 to be so manifestly absurd, as to need nothing further

' to be said against it.

x ' There

322 T H E H I S T O R Y

A. D. 'There is nothing more common in the statutes

170/. 'than the establishing fees, and we are of opinion

' that all fees have been established by act of parlia-

'ment; and indeed it seems to us unreasonable they

* should be established by any other authority ; for if
' a governor, either with or without his council, can
'appoint what sums of money shall be paid for fees,

* he may make them large enough to defray the charge
' of government, without the formality of an act of
' assembly, to raise a revenue for the necessary support
' of the same ; and if it does not come up to the taxing
' of the queen's subjects, without their consents in

* assembly, we are to seek what does.

' We cannot think the clause of your excellency's

* instructions, which we have recited, to be so foreign
'to the matter of fees, as your excellency says it is;

* for the enforcing the payment of fees by any autho-
rity but that of the assembly's, is taking away a

' man's goods otherwise than by established or known
( laws, except the act of a governor and council be a

* law, which we think is not, nor never intended by
( the queen it should ; nor do we think, by the instruc-
tions your excellency mentions, you are to establish
'fees; but only to regulate those already appointed,
' and to take care that no exaction was used ; but if it
' did, your excellency has convinced the world, that
' you do not think yourself bound by the queen's in-
' structions, but where the law binds also.

1 As in the case of Ormston, where nothing could
' be more positive than her majesty's directions ; yet
'your excellency did not think yourself ministerial,
' or by not complying with her majesty's orders, that
'you accused the best of queens, with commanding
' her governor to do a thing which was not warranted
'by law; nor never enquired, whether the refusing
' obedience to her commands, was a fit return for the
' many favours she had bestowed upon you ; but go-
' vern'd yourself in that singular instance as near as
' you could by the law. The seventh clause was not
' put in to arraign the queen's express commands to

'your

OF NEW- JERSEY. 323

* your excellency ; but to complain of the great hard- A. D.

* ships her majesty's subjects lay under, by your excel-
' lency's putting the records there mentioned, into the
' hands of Peter Sonmans, who is not the proprietor's
' recorder, nor had no express command from the1
'queen to put the books into his hands; and may in
' part answer the challenge made by your excellency in
4 the last part of the next foregoing clause ; for your

* c \.-ellency had commanded the said records to be put
'into the hands of Mr. Bass, the queen's secretary;

* u p which, application was made to her majesty,

* who was pleased to give an order in favour of the

* proprietors ; and without all perad venture, it was

* intended they should be in the hands of the proprie-
1 tor's recorder, which Mr. Thomas Gordon was at
'that time, and regularly is still, being constituted by
' the majority of the proprietors in the eastern division,
' and by your excellency sworn ; rnr. John Barclay was
' also by your excellency sworn, and a proclamation

* issued in his favour; since which Mr. Peter Sonmans
1 arrived from England, and upon application to your

ileiicy, was by your excellency, admitted receiver
' general of the quit rents, and the proprietors records

* by your excellency put into his hands; which, with
1 submission, we think could not be done regularly by
'your excellency: For in the first place, they were
'constituted by the majority of the proprietors, whose

* servants they were, and to whom they were account-
' able, and to none else.

k '1. Tlioe places were the properties of Mr. Tho-

* mas Gordon and Mr. John Barclay ; and to deprive
4 them of them, without due course of law, is what
'your excellency has no authority to do, nor can have.

' 3. Whether they were made by the greater or

••I' the proprietors, your excellency was no

4 ways concerned, nor had any right of determining

' in the favour of either one or other, the law being

1 OJHMI to any who thought themselves aggrieved.

1 1. TJIOM: books and records were the properties of
'the general proprietors; and if your excellency can

dispossess

324 THE HISTORY

. IX * dispossess any proprietor of them (for Thomas Gordon
< was a proprietor) and put them into the hands of
' another, you may by the same rule dispossess any
* one of their goods, and give them to who you think
'fit, and 'any proprietor of their property, and give
1 it to which of the proprietors you think fit, as is
' actually done by your excellency in the case of Son-
' mans ; and was attempted with the same violence in
' favour of Mr. Bass : It will not be a sufficient answer
' to this, to say, Sonmans was proprietor's agent ;
' which whether he was or was not, your excellency
' had no right to determine to any other purpose but
' administering an oath to him, after which he was of
' course to be allowed ; and so ought as many agents
'as the proprietors made, who were not accountable
' to your excellency for any procedures in the proprie-
' tors affairs, that were not unlawful.

' 5. Sonmans neither had, nor pretended to have, at
' that time (whatever he has done since) any right or
f colour of right, to be the proprietors recorder, not
'any mention being made of it in that very lame
' commission he had ; and were he to have the top of
( his pretences, it would but to be deputy to a person in
' England ; and whether he has a right or not, is a great
' question, and regularly only determinable at the
' common law ; but your excellency's shorter method
( of procedure saves disputes of that kind : If this be
' acting according to established and known laws, not
'repugnant to, but as agreeable as may be, to the
' laws of England ; if this be administering those laws
' for the preservation and protection of the people,
'we would be very gladly informed, what perverting
' of them can be ; as to the matter of fact, we aver it
' to be truth, that Mr. Sonmans did not reside in the
' province, had not given security for the keeping of
' those records, as by the queen is positively directed,
' they were carried out of the Eastern division, and were
' produced at the supreme court at Burlington at the
' time of our complaint.

' Those

OF NEW-JEB8EY. 325

'Those things, and that gentleman's character, are A. D.
4 so well known, that it is needless to offer anything 1707>
4 else in justification of that reasonable request we made, .
' that they might be so kept as her majesty's subjects
' might have recourse to them, and in the hands of
' such of whose fidelity there is no reason to doubt.

' These, may it please your excellency, were the
' grievances we complained of; and they were but a
'small number of many we could with equal justice
'remonstrate; and which, notwithstanding those soft,
'cool, and considerate terms of false, . scandalous,
' and malicious, and other bitter invectives which your
' excellency so often uses to the representative body of
4 a country ; we are still of opinion, they are not imagi-
' narv, but real grievances, not false, but God knows
4 too true ; and which it was our duty, in discharge of
' the trust reposed in ifs, to get redress'd.

'Our sad experience has convinced j us, that our
4 endeavours have not met with a success answerable to
' what might reasonably be our expectations, and that
4 in-tead of redressing the grievances of the country,
' their number is encreased : Before we enumerated
4 those grievances of an higher nature, and attended
' with worse consequences, we first said, the treatment
^the people of New-Jersey had received, was very
' different from what they had reason to expect under
'the government of a queen deservedly famous for her
'just, equal and mild administration; that the hard-
4 ships they endured, were not owing to her majesty,
' who they were well assured, would by no means, make
' any of her subjects miserable, nor continue their mis-
' fortunes were she acquainted with them, and in her
' power to give them relief; but that the oppressions
'they irroaiicd under, were the unkind effects of inis-
' taken power; and what these effects were, and who
' the cause of them, we proceeded to shew; and if the
' instance- we there give, be true, it will then appear to
'the world, that the expressions we have used, are the
'softest could be chosen, and very far short of what
'the nature of the thing could bear, and that these

'bold

326 THE HISTORY

A. D. < bold accusers are a sort of creatures called honest men,

1707. 'just to the trust reposed in them by the country, who

• ' will not suffer their liberties and properties to be torn

'from them by any man, how great soever, if they

' can hinder it.

' And that the reasonableness of our complaints may
( appear the plainer, we shall consider what your excel-
' lency has said in answer, and leave it to our superiors,
'and to all just and impartial men, whether we are not

* a people the most abused of any of her majesty's
" subjects.

1 As to the first instance, your excellency does acknow-
ledge the fact to be true, and offers the following
'reasons to justify your conduct to the council of pro-

* prietors : The first is, that by her majesty's directions
( you are to allow of all such agents as the general pro-
' prietors shall appoint, such agents qualifying them-
' selves by taking such oaths as the queen is pleased to
( direct, and no other ; that no persons under the name
' of a council of proprietors, have ever tendered them-
' selves to take such oaths; consequently they are not
' capable of acting as agents.

' 2. That the council of proprietors are a people
'pretending to act by a power derived from certain
' persons who have no power to grant, and that this a
1 truth, viz. that they are a people pretending to act
' by a power derived from certain persons,, who had
' no power to grant, your excellency is satisfied ; besides
' other reasons, by this in particular, that the assembly

* have voted to put the records into the hands of Peter
' Sonmans, to be a grievance ; whereas their not quali-
' fying themselves is a greater grievance. To set this
' matter in a true light, it will not be improper to pro-
'duce the words of the instructions; which are as
' follows : " You are to permit the surveyors and other
"persons appointed by the Aforementioned general
" proprietors of the soil of that province, for surveying
"and recording the surveys of lands granted by and
" held of them, to execute accordingly their respective
" trusts : And you are likewise to permit, and if need

'be

OF NEW-JERSEY. 327

" be, to aid and assist such other agent or agents, as A. D.

" shall he appointed by the said proprietors for that end,

" to collect and receive the quit rents, which are or shall .

"he 'due unto them, from the particular possessor of

"any tracts or parcel of land from time to time; pro-

" vided always, that such surveyors, agents, or other

" officers appointed by the said general proprietors, do

" not only take proper oaths for the due execution and

" performance of their respective offices and employ-

" incuts, and give good and sufficient security for

" their so doing; but that they likewise take the oaths

" appointed by act of parliament to be taken instead

"of the oaths of allegiance and supremacy; as also

" the test, and subscribe the 'forementioned association;

"all which you are accordingly to require of them,

" and not otherwise to admit any person into any such

" office or employment." After the proprietors had

* surrendered their power of government, relating to
' their soil, they were under a necessity of employing
' persons, to survey and record the surveys of lands
' granted by and held of them ; and in the Eastern
( division, several quit rents .being due to them, there
' was a necessity of having one or more agents to col-
' lect and receive those rents ; which persons (because
1 the crown intended, that the proprietors by the surren-
1 dcr of their government, should by no means be inse-
' cure in their properties) your excellency was directed
' not only to permit such officers to be and execute their
' respective trusts, but also to aid and assist them, if
' need were ; and because such offices were places of

* trust, both with respect to the proprietors and the in-
' habitants, it was directed, that they should take pro-

* PIT «»atlis, and give good and sufficient security; and
1 that they who enjoyed those places of trust, might be
' persons well ail'ected to the present government, there
' was especial care taken, to direct, that they should
Make the oaths appointed by act of parliament to be

* taken, which your excellency was to require of them,
'and not otherwise to admit them to execute those

* trusts: From all which we observe, first, that no

1 agents

328 T H K HISTORY

A. D. 'agents are concerned in that instruction, but such as
' were to survey and record the surveys of lands, and
'collect the quit-rents.

1 2. That the proprietors were not limited to employ
'a certain number of agents, but might employ as
' many as they thought fit ; all which your excellency
' was to aid and assist if need were.

' 3. Your excellency was not to expect while they
'tendered themselves to take the oaths appointed, but
€ to require them to take them ; and upon their refusal
' not to admit them ; for it was impossible they, or any
'else, should deem themselves bound by the queen's
'instructions to certain performances, except such
instructions had been made publick, and they made
'acquainted with it.

' Now in the first place, your excellency never pub-
' lished any such instruction, nor ever did require
' those agents called the council of proprietors to
' comply with it by taking any oaths.

' 2. The council of proprietors are not such agents
' as the instructions mention.

' 3. Were that instruction binding, your excellency
' has by no means complyed with it ; for the surveyor
' appointed by the proprietors of the western division,
' has several times tendered himself to take and sub-
' scribe according ' to her majesty's directions, and
' has been refused.

' 4. Mr. Sonmans, tho' a bankrupt, and his
'powers disputed, admitted to keep the records of
' the eastern division, and that without any security ;
' and persons who were sworn to those places, and
' employed by proprietors, and a greater number, not
'only not permitted to act, but deprived of their
' places (with which your lordship had nothing to do)
' without a due course of law, forceably by your lord-
' ship's directions.

' Lastly, the council of proprietors are attornies
' to private men, for the taking care of their several
' properties, and are neither concerned in that instruc-
'tion, nor bound by it; if they were, we shall not

' dispute

O F X EW-JEB8EY. 329

'dispute hmv far that instruction may he a law to your ' A- T)-
' lordship, but we are sure 'tis so to no body else,
Mmt \v he re the laws of the land bind without it; and

* it' so, 'tis i m sufficient warrant to destroy any man's

* property, or deprive him of the use of it, without
'the judgment of his peers; for your lordship cannot
' but know, if you do not, the last clause of the peti-
tion of right will toll you, that the queen's servants
'are to serve her according to law, and not otherwise;
'and every gentleman of the law can inform your

v, if he pleased, that the queen's authority

'or warrant produced (if you had done any such
'thin"1) cannot justify the commission of an unlaw-
' fnl act ; which tins certainly must be, except the law
1 provides that no man must make an attorney but
' with your lordship's approbation : As to the second

* iv.ison, to use your 'excellency's expressions, if we
'could wonder at any tiling your excellency has done,
' it would be at the reason your excellency gives, as
' much as at the action ; it being a plain pretending to
'a right of judging solely who have a right to their
' c-taics, and who not, and according to that judg-

* incut to permit them to retain or force them to part
'with their possessions; for in the first place, that
4 matter was never brought before your lordship, and
' what information you had (if you had any) was
4 private; and \vearetold no freeman can be dispossessed
'of his freehold but by judgment of his peers, or
'the law of the land ; but here is at once a determina-
tion, that a number of proprietors, nigh or above
4 nine tenths of tin- whole, have no right to grant,
'and accordingly they are prohibited taking up or
'disposing of their lands; for the council of proprie-
' t.»r>. are all proprietors themselves, except mr.
' Morris their president ; and we can't see, but any
'freeman, or number of freemen in the province, may
' be dispossessed by I he >;ime measures; Tor 'tis but your
' lordship's saying, the persons they had their lands
'from, had no right to grant, and then order the pos-

to make no further improvements, nor to dis-

' pose

330 THE HISTORY

A. D. * pose of any of their lands ; and thus conclude them
1707. t without the tedious formality of the old magna
( charta way ; and who is hardy enough to dispute with
'a man that commands two provinces?

' 2. What your excellency asserts, with relation to
'the council of proprietors, viz. that they were per-
'sons deriving a power from those who had no
' right to grant, is what your excellency neither did,
' nor could know; that you did not know it, nothing
'is. more plain; because your excellency some days
'after your lordship's answer to our remonstrance,
( summoned some of the council of proprietors before
' yourself in council, and there asked them the follow-
' ing questions, viz. First, who the late council of
' proprietors were ? Secondly, who were the present
'council of proprietors? Thirdly, who they derived
' their powers from? Fourthly, what their powers were?
' By which it appears, your excellency neither knew
' who the council of proprietors were, what their
' powers were, nor who they derived them from ;
' which is very far from knowing whether the persons
' who gave them, those powers, had power to grant or
' not ; and that your excellency could not know, is as
' plain ; because the deeds of what proprietors are in
'this country, you never did see; and those that are
' in England, you could not see.

' How your excellency is, from our voting the put-
' ing the records into mr. Sonmans hands to be a grie-
' vance, satisfied that the persons from whom the
'council of proprietors derive their power, have no
' power to grant ; is very much beyond our poor capa-
' cities to understand, and may perhaps be of the
' number of those unanswerable objections your lord-
' ship tells us of in your answer. To the next clause
' your lordship justifies your proceedings with thd
' assemblymen, as being your duty ; and that what
' you did, was by virtue of the queen's instructions ;
' how far they will justify your excellency's conduct
' is our next business to speak to ; but in the first place
' we are obliged to your excellency, for ackuowledg-

<ing

O F N E W - J E R S E Y . 331

'ing the matter of fact; which tho' notoriously known, A. D.
' was omitted to be entered in the journals of this 1707'
' house, by your excellency's faithful servant, inr.
' William Aixlrison, lute clerk of this house.

* By the queen's instructions, not the least colour of
'authority is given to your excellency, to be a judge
'of the qualifications of assemblymen, so as to admit or
'reject them; which is not only a direct contradiction
' to the very nature and being of assemblies, but must
'render the liberties, lives and properties of the people
'entirely at your excellency's disposal; which as her
' majestv never intended, so without doubt she never
'did intend by any instruction to make so precarious;
'and how well she'll be pleased at wresting her instruc-
' tions to authorize what we are well satisfied she will
' be very far from countenancing, time may inform
'us: This house coul<5 not be so much wanting to
' themselves, and the province they represent, as to
'omit taking notice of a procedure, which tends to
' destroy the very being of assemblies, by rendering
' them the tools of a governor's arbitrary pleasure, and
' the enemies instead of the preservers of the liberties
' of their country ; and we 'are well assured, that no-
' thing your excellency has said, will perswade the
' world to believe, that your excellency or any other
' governor, has that power you pretend to, or that it
'can he consistent with the liberties of a free people.

' That there were considerable sums of money raised ;
' that most of them were raised with intent and purpose
' to give to your lordship, to procure the dissolution
' of the last assembly, and procure such officers as the
'contributors should approve of; that in all proba-
'bility the money so raised, was given to your lord-
'ship; that the assembly was dissolved; that the con-
'tributors were complied with as far as could be;
'that you did receive from doctor John Johnston,
'two hundred pounds, upon the score of the pro-
' prietors of the eastern division of New-Jersey; are
' such notorious tuths, that it is a vanity to deny
'them; and will be believed, notwithstanding all the

'force

332 THE HISTORY

A. T). < force of evasive, arts to persvvade to the contrary :
1707. ( And since we have mentioned doctor Johnston, it's
' not amiss to enquire, whether the services you were
1 to do the proprietors were such as your lordship
1 ought, or ought not to have done ; if they were such
' as you ought to have done, you ought riot to have
'taken money for the doing of them ; if they were such
1 as you ought not to have done, much less ought your
'lordship to have taken money; and had you not been
' more than ordinarily concerned in those private con-
' tributions, without all peradventure would have used
' all possible endeavours to have detected the thing, and
' not given those publick marks of your favour to the
' persons most concerned in the persuading and pro-
' curing of them.

' As to what relates to the assembly, as your lord-
' ship is not accountable to this house for what reasons
'you dissolved them, neither is this house to your lord-
'ship for their proceedings; they acted as became a
'house of representatives in the affair of Mr. Gordon,
' and what they did, was not without your lordship's
' approbation ; if that could add any thing to the power
' they had ; As to your excellency's reflections on pri-
' vate men, 'tis below the representative body of a
' province to take any further notice of them, than to
•' do that justice to the two worthy members of this
' house, as to say, they both have, and deserve better
' characters than your excellency gives them ; and that
' the humblest application you can make to her majesty
' will never induce her to grant you a power to use any
' means to procure a satisfaction but what the laws
' allow of, without such application : We concluded,
' by acquainting your excellency, that the way to
' engage the aifections of a people, was to let them be
' unmolested in the quiet enjoyment of those things
' which belong to them of right, and should have dated
' our happiness from your excellency's complying with
' so reasonable and just a desire ; to which your exoel-
' lency replied, that you could never answer taking
"* advice from men, who did not know how to govern

1 themselves

OF NEW -JERSEY. 333

'themselves, and who have always opposed the service A. p.

'of the queen, and interest and good of their country:

' \Ve shall wave the admirable coolness of temper, and

' consideratem>> of the reflection ; and say, your excel-

' lenev eould hardly have used plainer terms, to tell us,

' vi iti will not let us be quiet in the enjoyment of what

' belongs i<> us of right; and your excellency's proceed -

1 iiiLi> Hiice that, has effectually convinced the world,

'that we have not put a wrong construction on your

•llency's expressions.

' Are not her majesty's loyal subjects haul'd to goals,

' and there lie without being admitted to bail? and those

' that are the conditions of their recognizances are, that

'if your excellency approves not of their being bailed,

they shall return to their prisons ; several of her maje-

sty's good subjects forced to abscond, and leave their

habitations, being threatened with imprisonment, and

no hopes of receiving the benefit of the law ; when

your excellency's absolute will is the sole measure of

it: One minister of the church of England, dragg'd

' by a sheriff from Burlington to Am boy, and there

' kept in custody, without assigning any reason for it,

' and at last haul'd by force into a boat by your excel-

' lency, and transported like a malefactor, into ano-

' ther government, and there kept in a garrison a pri-

' soner ; and no reason assigned for these violent proce-

' dures, but your excellency's pleasure : Another iniiii-

' nister of the church of England, laid under a necessity

' of leaving the province, from the reasonable appre-

Miensions of meeting with the same treatment; no

' orders of men either sacred or civil, secure in thueir

' lives, their liberties or estates ; and where these proce-

' dures will end, God only knows.

' If these, and what we have named before, be acts
' of mercy, gentleness and good-nature ; if this be
'doing for the good, welfare and prosperity of the
' people of this province; if this be the administering
' laws for the protection and preservation of her majesty's
' subjects; then have we been the most mistaken men,
* iu the world, and have liad the falsest notion of things ;

^calling

334 THE HISTORY

A. B. ' calling that cruelty, oppression and injustice, which
1707. <are their direct opposites, and those things slavery,
' imprisonment and hardships, which are freedom,
' liberty and ease ; and must henceforth take France,
* Denmark, the Muscovian, Ottoman and Eastern
' empires, to be the best models of a gentle and happy
f government.

' Your excellency at last endeavours to persuade
f the country, that the assembly, instead of protecting
( are invading the liberties of the people; and if we
' might have the liberty of using some of your excel-
' lency's cool and considerate terms, perhaps the fol-
' lowing instances might justify those expressions; but
'we leave that to just and impartial men, who no doubt
' will apply them where they are most due.

' Your excellency asserts in the first place, " You
" have presumed to take the queen's subjects into the
" custody of the serjeant at arms, who are not members
" of your house ; which you can't lawfully do, and is
" a notorious violation of the liberties of the people."
( Answer : There is nothing more known, than that
'the contrary to what your excellency says, is true,
'and hardly a session of parliament but affords multi-
( tudes of instances, nay, several instances can be pro-
( duced during the time of your excellency's being in
'the house of commons; and what your excellency
' means by asserting a thing, which every body that
' knows any thing, knows is not so, we can't tell.

' Secondly, " You have taken upon you to admini-
"ster an oath to one of your members, and have
"expell'd him from the house for refusing to take an
"oath which you could not legally administer to him;
"this is most certainly robbing that member of his
" property, and a most notorious assuming to your
" selves a negative voice to the freeholders election of
" their representatives, for which there can be no pre-
" cedent found." Answer: We nover did administer
'an oath, (tho' we think we have power so to do)
'what oaths were administered were administered by
'justices of the peace before us: We expell'd that

' member

O F N E W - J E R S E Y . 335

* member for several contempts ; for which we are not A. D.
'accountable to your excellency, nor no body else in 170^-
'this province: We might lawfully expel him ; and
' if we had so thought tit, might have rendered him
'incapable of ever sitting in this house; and of this
' many precedents may be produced. We are the
' freeholders representatives ; and how it's possible
'we should assume a negative voice at the election of
'ourselves, is what wants a little explanation to make
' it intelligible.

1 Thirdly, " You have arbitrarily taken upon you
" to command the high-sheriff of this country, to dis-
" charge a prisoner who was in his custody at the suit
" of one of the queen's subjects ; and he has been weak
" enough to do it, for which he lies liable to be sued for
" an escape, whenever the gentleman thinks fit to do it,
"and from which y<?u can't protect him: this is a
" notorious violation of the right of the subject, and
"a manifest interruption of justice." Answer: The
' pei-son we ordered to be discharged, was an evidence
'at rending by order of the house, and under the pro-
' tection of this house; who were only wanting to
•' themselves, in not sending the high-sheriff and law-
•'yers to the same place, for daring to offer so publick
1 an affront to the representative body of a country.

' Fourthly, "You have taken upon you to appoint
" one of your members to act as clerk of the committee
"of the whole house, which you have no power to do,
MAe.M Answer: Your excellency has been so very
'much mistaken in all the foregoing clauses, that we
'have great reason to believe you are so in this: This
'house has always, till of late, made their own clerks,
'ami your excellency cannot shew us any law why we
' may not do it still, should we think fit to insist on it:
' \\ e Inve made no encroachments on her majesty's
' IMV1' royal, nor never intended to do it, but

shall to our utmost, study to preserve it, and honour-
'ably support her government over us, and hope your
•• -llency will think it for the service of the queen

'to

336 THE HISTORY

A. D. • to comply with our reasonable desires ; which will
1707. < verv mucn encourage us so to do.

' Divers of the members of this assembly being of the people
' called Quakers, do assent to the matter and substance, but make
' some exceptions to the stile.

Bv order of the house,

Sam. Jenings, speaker/

CHAP. XVIII.

Memorial of the West-Jersey proprietors residing in
England, to the lords commissioners for trade and
plantations: The lieutenant governor, with some of
the council, address the queen: The last meeting of
assembly, under Cornbury's administration : They con-
tinue their complaints : Samuel Jenings's death and
character.

TH E foregoing proceedings being by connection
necessary together, has delayed the following
memorial a little out of course as to strict order of
time : The western proprietors residing in England, had
much resented Cornbury's treatment of the inhabitants,
especially in relation to the three members being kept
out of the assembly, by which he gained a majority
devoted to his measures ; and thus they complain.

* To the right honourable the lords commissioners for

' trade and plantations.
1 The humble memorial of the proprietors of the

i Western division of the province of New-Jersey,

' in America.

* WE humbly acknowledge your lordships great
'justice, in making the terms of our surrender of go-

* vernment, part of the lord Cornbury's instructions
' relating to the said province ; and heartily with his
'excellency had given us occasion of acknowledging
' his due observation of the instruction, instead of

' troubling

O F N E W - J E R S E Y . 337

'troubling your lordships with a complaint of his A. D.
' breach of tin-in, which we are fully assured from 1707.
' undoubted testi monies his excellency has made in the
' following inst:mei-s ; and tho' he endeavours to palliate
4 his proceedings there, by frequently and publickly
' a— erring, that your lordships consented to no terms
'upon our surrender; yet were that as great a truth
' as it is a mistake, and those instructions had been
'only of grace and favour, we conceive him to be
'obliir«'d, and ourselves intituled to his punctual obser-
' vation of them.

' It is one of the terms consented to by your lord-
' ships, and one of his excellency's instructions from
'your lordships; that the general assembly shall con-
' sist of four and twenty representatives ; two to be
'chosen by the inhabitants, housholders of the city or
' town of Perth- Amboy ; two by the inhabitants,
' housholders of the city or town of Burlington ; ten
' to be chosen by the freeholders of the eastern, and
' ten by the freeholders of the western division ; in
' which election, every elector is to have one hundred
' acres of freehold land in his own right, within the
'division for which he shall choose; and every person
' elected is to have one thousand acres of freehold
' land in his own right, within the division for which
' he shall be chosen.

' This instruction, which we relied on as the chief
' security of our estates in that province, his excellency
1 has not only violated, but has totally destroyed that
' part of our constitution ; and in such a manner as
' will render all assemblies a meer piece of formality,
' and only the tools of a governor's arbitrary pleasure.

'For setting which proceeding in a due light, we
' must crave leave to lay before you lordships the
' account we have received of it from our agent, and
' other reputable persons of that province.

'An assembly having been called and chosen, in
Mhc year 17015, pursuant to your lordships instruc-
4 tions, prepared bills for settling the rights of the
'proprietors and planters, and for raising a revenue

Y 'of

338 THEHISTORY

A. D. 'of thirteen hundred pounds per annum, for three
1707. < years, (which they knew was the utmost the country
( could bear) for the snpport of the government ; but
* his excellency requiring a greater sum, several persons,
' our constant enemies and invaders of our proprieties,
'and who therefore opposed the bill for settling our
' rights, undertook to procure an assembly more
'obedient to his excellency's demands; and by that
'and other arguments, which out of regard to his
'honour, we choose to wave the mention of, prevailed
' upon him to dissolve that assembly, and to call another
' to sit in November last; the writs were issued, and the
' election directed to be made, in such haste, that in one
'of the writs the qualifications of the persons to be
' elected was omitted, and the sheriff of one county
' not sworn till three days before the election, and
' many of the towns had not any (much less due) notice
' of the day of election ; but passing by these, and
' many other illegal artifices used by those undertakers,
' to obtain an assembly to their own humour ; we shall
' insist only upon one grand instance, which is not to
' be parrallel'd in any of her majesty's plantations, and
'could not have been attempted without his excel-
' lency's encouragement, nor put in practice without
' his concurrence.

' When this assembly was met, and attended his
' excellency in council, in order to be sworn, mr.
' Revel 1 and mr. Leeds, (two of the governor's
'council, and of the undertakers to procure such an
'assembly as they had promised) suspecting the strength
' of their party, objected against three of the members,
' returned, as persons not having each, one thousand
'acres of land, and therefore unqualified to serve in the
' assembly ; though these persons had such estates in
' land, and were generally known to have so, and at
'the time of their election had convinced Revell and
' Leeds, who opposed them under that pretence, of the
' truth of it ; and this objection was not exam i liable
€ or determi nable by his excellency or his council, or
' otherwise than in the house of representatives, who

'are

OF NEW-JERSEY. 339

4 are the only proper judges of their own members ; A. D.

' yet his excellency, upon this bare suggestion of Revell 1707*

'and I /vds, refused to swear these members, and ex-

* rinded them from sitting to serve their country;

' this attempt was seconded by another trick of Revell

'and Leeds, who immediately sent the following note

' to the house of representatives.

' To the honourable the house of representatives.
' Gentlemen,

WE underwritten, supposing we had good reason
' to charge three of the persons returned to serve as
'representatives in this general assembly; but upon
' due consideration find it difficult to come to a true
' determination thereof, until we can by further enquiry
'Hud the truth of what we have been informed of;
' we therefore humbly desire fourteen days time further,
'that we may be able more fully to inform this house
' therein, which we humbly suppose at present cannot
4 reasonably be expected from us ; we subscribe ourselves
4 your humble supplicants, THOMAS REVELL.

' Nov. 15, 1704. DANIEL LEEDS/

' The counties for which they were chosen to serve
'expressed a great dissatisfaction at the exclusion of
' their members ; and these and several other represen-
tatives delivered an address to his excellency, for
4 having them admitted to their right ; which met with
1 no oilier reception, than being called a piece of inso-
' lence and ill manners.

' i)V this exclusion of three members, and the con- «
>t of the address for their admission, the under-
lined a majority by one in the house of
:"itives, who' adjourned the hearing of this
, until they had reaped the fruits of their iniquity,
'and accomplished the ends for which it was contrived;
' for whilst this case was depending, a bill for taking
'aw-iy the qualifications of electors and the elected,
'and placing the right of choosing and being chosen
1 in the freeholders generally, without any express value
k"i th.-ir estates, was prepared and pass'd, wherein

' there

340 THE HISTORY

A. D. ( there is this remarkable and self-condemning declara*
17 ' tion of his excellency's proceedings, viz. that repre-

' sentatives met in general assembly are and shall be the
'judges of the qualifications of their own members.

' After this and one other act, which we shall here-
' after take notice of in its proper place, were passed,
* a day of hearing was allowed to the three excluded
i members, and notice of it given to Revel 1 and Leeds,
' who would not vouchsafe to appear, but having already
' obtained their ends, graciously signified by a message,
' their mistake in their objection to those members.

1 The house proceeded in the inquiry, and by deeds
' and other authentick proofs, was so fully satisfied of
' the estates of the excluded members, and that Revell
' and Leeds had been convinced thereof, at the time of
1 their elections, that the house unanimously declared
' them duly qualified, and sent two of their body to
' acquaint his excellency of it, and to pray they might
' be sworn ; but his excellency, whether out of a desire
' of assuming the glory of his arbitrary proceeding
' wholly to himself, or of making the country sensible
' that notwithstanding the act so lately passed, declaring
6 the house judges of their own members ; he was re-
1 solved to exercise that power for the future ; or for
' what other reason we know not, told those messengers
' he must be satisfied of their qualifications, as well as
' the house ; and still keeps them out of the assembly.

'This we conceive to be the assuming a negative
' voice to the freeholders election of their representa-
•: ' tives ; and such an invasion of the rights of the
( assembly, as will, if tolerated or connived at, place
' the whole legislature in the governor ; for if he can,
1 at his pleasure, reject three representatives, he may
' reject all, and make what laws he thinks fit without
'the formality of an assembly; but if this notorious
' violation of our constitution had not been made by
'him, and the assembly had consisted of it's full pro-
' portion of duly elected members ; we conceive, and
'are advised, that his excellency had no authority,
'nor any probable colour from his instructions for

' passing

OF NEW- JERSEY. 341

'passing this act; for though the instruction relating A. D.

* to the diction of general assembies, allows an alte- 1'07*
' ration by act of assembly, of the number of the

' representatives, and the manner of their being elected;

' it leaves no power to the general assembly to alter the

qualifications of the electors or elected ; which was

intended to be a standing and unalterable part of the

constitution, as most agreeable to the constitution of

England, where the electors of knights of the coun-

ties must have a certain fixed freehold; and the elec-

t ted are generally the principal landed men of their

' respective counties ; but the alteration now made,

1 was intended to put the election of representatives

' into the meanest of the people, who being impatient

' of any superiors, will never fail to choose such from

* amongst themselves, as may oppress us, and destroy
1 our rights.

1 It is another term of our surrender, and an instruction
4 to his excellency, that no act should be made to lay a

* tax upon unprofitable lands; but his excellency has
' encourag'd and assented to a bill in this last assembly, for
' taxing (without distinction) all lands belonging to the
1 inhabitants there, and to all others not inhabiting there
' who have settled any plantations, either by tenants, ser-
' vants or negroes ; it is objection enough to this act, that
' there is no other colony in America wherin uncultivated
' lands are taxed; and as this act was intended, so none
1 more effectual could have been contrived, to prejudice
'the country in general, or the proprietors in particu-

* lar ; for if any man who has a thousand or more acres
4 of land, which lie can neither manure nor sell (as
' most of the first planters have) he must pay a tax for
4 this land, which may eat up the greatest part of the
' profit of what he can and does cultivate ; or he must

* dc-rn the whole; and if we, who have great tracts of
' land of many thousand acres to sell, lett or settle
' but a few acres to maintain our agents or servants,

* we must pay a tax for all the residue which yields us

* nothing: In consequence of this act several persons
4 who had agreed with our agent for lands, have

' renounced

342 THE HISTORY

A. D. t renounced their bargains, and removed into other
1707. t countries, where they can purchase great tracts of
' land, preserve them for their posterity to settle on ;.
'and we* unless relieved from this oppression, must
'deliver up our lands or our purses: This tax is im-
' posed by the act passed in the assembly for raising a
'revenue of two thousand pounds per annum, for two
'years, for the support of her majesty's government
' within that province; and we have great reason to be-
' lieve it to be part of the return promised by the under-
' takers to his excellency, for his dissolving the former
f assembly, and curtailing the last of three members.

' It is another term of our surrender, and an instruc-
'tion to his excellency, that the surveyors and other
'persons appointed by us, for surveying and recording
'the surveys of land granted and sold by us, shall be
'permitted to execute their trusts; but his excellency
' has taken upon him, even contrary to the advice of
' his council, to appoint fees for patenting lands ; which
' has created an opinion in the people, that the power of
' granting lands is in him, has lessened the credit of
' our title to lands, and encouraged the planters to dis-
' pute our right.

' His excellency has ordered all publick books,.
' records and papers, to be delivered by our late secretary
' to mr. Bass, our great debtor, and therefore our
' avowed enemy, and has carried our records of deeds
' and conveyances out of the province ; by this method
' the proprietors of both the divisions are deprived of
'all means to justify their past administration of the
' evidences of their grants of lands to the purchasers
' under them, (all the surveys and patents being
'recorded in those books) and will destroy the office of
' our register, or at least will disable him: to perform'
' his duty in some cases ;. which by acts of general assem-
' bly he is obliged to do..

' It is a further term of our surrender, and instruc-
tions to his excellency,, that all officers be appointed
' by advice of the council ; but his excellency has conj
'stituted several officers without such advice, and par-
ticularly.

OF NEW-JERSEY. 343

' ticularly a sheriff of Burlington, who was therefore A. TX
' suspended by order of council, and yet continued to 1707'
1 act under his lordship's appointment

i We are further informed, that his excellency hath
'put several mean and contemptible persons into the
'commission of the peace, particularly one ******
'whom he knew to be under prosecution for felony;
'and has given commissions in the militia to others,
' who have no estate in the province, and therefore
' are not like to be zealous in the defence of it.

' It is matter of some wonder to us, that after so
' many acts of despotic power, his excellency did not
'assume to himself, or obtain from the last assembly,
' an authority of licencing any persons to purchase
' lands from the Indians ; but condescends to apply to
'your lordships, for an alteration of his instructions
' in that particular ; there wants only the breach of this
4 instruction to compleat the ruin of our interests *in
' New-Jersey, and we humbly hope your lordships will
'not enable him to give that finishing stroke: This
' instruction, founded upon the right which the crown
' of England claims by the law of nations, to all coun-
' tries discovered by English subjects, was intended to
•rt that right against the pretences of many plan-
' ters, who set up the Indians title in competition with
' it ; and if that right be taken from the grantees of the
4 crown, all patents and grants of the whole main land
4 of North- America, have been only royal frauds, under
' the sanction of the great seal of England, and no
' man will ever after purchase lands under that title.

' His excellency was lately so fully satisfied of the
' policy and reasonableness of asserting this right to the
4 crowu and its grantees, that in the year 1703, he
• nimeiided, and assented to an act of assembly, for
4 restraining all persons besides the proprietors, from
' purchasing lands from the Indians, under great penal-
4 tie-; and for vacating all such purchases formerly
' made, unless the purchasers took a fresh grant from
'the proprietors; of which act we humbly pray your
' lordships perusal.

'We

341 T H E H I S T O R Y

A. D. « AYe are purchasers for ready money, under a grant

1707. 'from king Charles the second, and are willing to sell
' our lands and the Indians title to it, at reasonable rates,
( according to the goodness of the soil and situation,
' and ought not to be compelled to accept a quit-rent
' (much less a quit-rent to be let by other persons than
'ourselves as his excellency proposes) instead of selling
' for ready money ; nor ought our properties to be at
' the disposal of a governor : 'Tis not the want of a
' power in the planters to purchase lands from the Indi-
' ans, but the taxing of uncultivated lands, and over-

* turning the constitution for assembly-men, that has
' occasioned those persons mentioned by his excellency,
' to remove to Pennsylvania and other colonies.

( May it please your lordships,

'The usage we have received from his excellency, is
' so contrary to the terms of our surrender of govern-
' ment, to the assurances we had from your lordships,

* of the due observance of them, and to the plain in-
' structions given by your lordships to his excellency ;
'that we numbly hope, it will not be thought any
'immodesty or want of duty in us, to protest, as we do
' protest against all the proceedings of the last assembly,
' wherein by the arbitrary exclusion of three members
'without any just exception, the country was not duly
' represented, and to beg your lordships intercession
' with her majesty, that the acts passed in that assembly
' may not be confirmed by her royal assent.

' We further pray, that colonel Lewis Morris, who
' has been a second time suspended from his place in
'council, by his excellency, only for using the free-
' dom which every member of the council is entitled to,
' and ought to exercise, of opposing any bill brought
' before them, if he conceives it prejudicial to the in-
' terest either of the country in general, or of any par-
' ticular persons, may be restored ; and that your lord-
' ships will please to place in the room of such as are dead,
' some of the persons following, viz Mr. Miles Foster,
' mr. Richard Townley, mr. Hugh Huddy, mr. William
1 Hall and mr. John Harrison, who are men of known

' integrity

OF NEW-JERSEY. 345

' integrity and estates ; and as a further security of our A. D.
'estates t IK re, and that no persons may at any time be 1707'
' admitted of the governors council, or to be in the
' commission of the peace, or of the militia, but such
f who have real estates in the province suitable to their
'stations, and who reside there.

1 Signed by Thomas Lane, Paul Dominique, John
4 IJridges, Rob. Mitchel, Tho. Burrow, Fra, Mitchel,
1 Kben. Jones, Jos. Broosbank, John Norton, Jo.
' Bonnet, E. Richier, Tho. Skinner, Rich. Greena-
1 way, Jos. Collins, Cha. Mitchel, Jos. Micklethwait,
' Tho. Lewes, Wm. Snelling.

Two days after Cornbury had refused to receive the
assembly's reply, he sent for them, and though several
important bills were unfinished, adjourn'd the house
to the spring next year : Not receiving the reply in
form, he escaped the necessity of attempting to clear
ii]) what he could not do with justice or equity : Some
of the glaring facts still confirmed the truth of the
charges against him, he thought he had a more effec-
tual way of dealing; that was, to lodge a complaint
with the queen ; accordingly by an underhand artifice,
his trusty friend the lieut. governor Ingoldsby, with
some of the council, signed and privately transmitted
an addre-s, as follows.

' To the Queen's most excellent majesty. Address

' The humble address of the lieutenant governor and Q the
1 council of Nova-Csesaria or New-Jersey, in
' America.

' May it please your majesty;

' We the lieutenant governor and council of your
' majesty's province of Xova-Csesaria or New-Jersey,
I having seriously and deliberately taken into conside-
' ration the proceedings of the present assembly or

* representative body of this province, thought our

* selves hound, both in duty and conscience, to testify
'to your majesty, our dislike and abhorrence of the

346 THE HISTORY

A. D. 'same; being very sensible, that the unaccountable
1707. t huraours an(j pernicious designs of some particular
'men, have put them upon so many irregularities, with
' intention only to occasion divisions and distractions,
' to the disturbance of the great and weighty affairs
e which both your majesty's honour and dignity as
' well as the peace and welfare of the country required ;
' their high encroachments upon your majesty's prero-
'gative royal; notorious violations of the rights and
'liberties of the subjects; manifest interruptions of
'justice, and most unmannerly treatment of his excel-
' lency the lord Corn bury, would have induced us
'sooner to have discharged our duty to your majesty,
' in giving a full representation of the unhappy cir-
'cumstances of this your majesty's province and
'government; had we not been in hopes that his
' excellency the lord Cornbury's full and ample answer
' to a most scandalous libel, called the remonstrance
' of the assembly of Nova Csesaria or New-Jersey,
'which was delivered to the governor by the assembly
'at Burlington in May last, would have opened the
' eyes of the assembly, and brought them back to their
' reason and duty ; but finding that those few turbu-
'lent and uneasy spirits in the assembly, have still
' been able to influence and amuse the judgments of
' many well-meaning men in that body ; as appears
' by another late scandalous and infamous libel, called,
" The reply of the house of representatives of the
" province of New-Jersey, to an answer made by his
" excellency Edward viscount Cornbury, governor of
" the said province, to the humble remonstrance of
" the aforesaid house:" We are now obliged humbly
' to represent to your majesty, the true cause, which we
' conceive may lead to the remedy of these confusions.

* The first is owing to the turbulent, factious, un-
'easy, and disloyal principles of two men in that
'assembly, mr. Lewis Morris, and Samuel Jenings, a
' quaker ; men notoriously known to be uneasy under
' all government ; men never known to be consistent
' with themselves ; men to whom all the factions and

' confusions

OF NEW- JERSEY. 347

' confusions in the government of New- Jersey and A^ D.
'Pennsylvania for many years are wholly owing; 1707>
' men that have had the confidence to declare in open
'council, that your majesty's instructions to your
'governors in these provinces, shall not oblige or bind
'them, nor will they be concluded by them, further
'than they are warranted bv the law, of which also
'they will be the judges; and this is done by them,
' (as we have all the reason in the world to believe)
' to encourage not only this government, but also the
' rest of your governments in America, to throw off
'your majesty's royal prerogative, and consequently
'to involve all your dominions in this part of the
* world, and the honest, good and well-meaning people
' in them, in confusion, hoping thereby to obtain
' their wicked purposes.

' The remedy for *all these evils, we most humbly
' propose, is, that your majesty will most graciously
' please to discountenance those wicked designing men,
'and shew some dislike to this assembly's proceedings,
' who are resolved neither to support this your majesty's
' government by a revenue, nor take care to defend it
' by settling a militia: The last libel, called " the reply,
" &e." came out so suddenly, that as yet we have not
'had time to answer it in all its particulars; but do
' assure your majesty it is for the most part false in fact,
' and that part of it which carries any face of truth,
' they have been malicious and unjust in not mentioning
' the whole truth ; which would have fully justified my
'lord Corubury's just conduct.

' Thus, having discharged this part of our duty,
' which we thought at present incumbent upon us, we
' beg leave to assure your majesty, that whenever we
' shall see the people of this province labour under any
'thing like a grievance; we shall, according to our
'duty, Immediately apply to the governor, with our
' ln-st advice for the redress of it; and we have no
' reason yet to doubt of a ready compliance in him ;
' we shall not be particular, but crave leave to refer
' to his excellency's representation of them to the right

' honourable

348 THE HISTORY

•A. D. < honourable the lords commissioners for trade and
1707' < plantations.

* The strenous asserting of your majesty's prerogative
^iroyal, and vindicating the honour of your governor
•* the lord Cornbury, will in our humble opinion, be
4 so absolutely necessary at this juncture, that without
'your so doing, your majesty will find yourself deceived
4 either in expectation of a revenue for support of the
4 government, or militia for its defence.

( In hopes your majesty will take these important
'* things into your consideration, and his excellency the
' lord Cornbury, with all the members of your maje-
4 sty's council, into your royal favour and protection ;
4 we shall conclude with our most fervent prayers to
4 the most high, to lengthen your days, and encrease
' your glories ; and that ourselves in particular, and all
4 others in general, who reap the benefit of your maje-
4 sty's most gentle and happy government, may be,
* and ever continue the most loyal and dutiful of sub-
*jects to the most glorious and best of queens.

1 Rich. Ingoldaby, William Pinhorne, R. Mompeson,
' Thomas Revell, Daniel Leeds, Daniel Coxe, Richard
' Toumley, Rob. Quarry, William Sandford.

On the 5th of the month called May, this year,
the assembly met at Burlington : Jenings their speaker
T Gor- being indisposed, Thomas Gordon was chose to suc-
tion, spea- Ceed him : They received the speech ; and delivered
their address the 12th; which containing the old story
of grievances, so displeased the governor, that he im-
mediately adjourn'd them to the September following,
to meet at Amboy, but in the interval dissolved them ;
Assembly an(j being himself soon after superseded, he met them
no more ; the business of the last session began by his
telling them in his speech.

It was the great desire he had to see the service of
Speech. the queen, and good of the province carried on, sup-
ported and provided for, that induced him to call them

' together

OF NEW- JERSEY. 349

together ; to prepare and pass such laws as were proper ; A: D.
and that he might not be wanting in his duty, he
should point out what he thought required their imme-
diate notice'; the first was a bill for support of govern-
ment ; that the revenue the queen expected was
£. 1500, per annum, to continue 21 years; next the
reviving or re-enacting the militia bill, which was likely
soon to expire ; that he had every session since he had
been governor, recommended the passing a bill or bills
for confirming the right and property of the soil of the
province to the general proprietors, according to their
respective rights and titles ; as also to settle and con-
firm the particular titles and estates of all the inhabi-
tants of the province, and others, claiming under the
proprietors ; that he was still of opinion, such a bill
would best conduce to the improvement, as well as
peace and quiet of the province ; that he had last year
recommended the passing of bills for erecting and re-
pairing prisons and court' houses in the different coun-
ties, the building of bridges in places where they were
wanting, 'by general tax; and as late experience had
taught the necessity of settling the qualifications of
jurymen, he desired they would prepare bills for these
purposes ; and revive such of the acts of assembly
passed in the time of the proprietary government as
would be of use, that they might be presented for the
queen's approbation.

The assembly in their address on this occasion, de- Assembly*
clare, they then were, and always had been ready and a
desirous to support the government to the utmost of
their poor abilities ; that they were heartily sorry for
the misunderstanding between the governor and them ;
that about twelve months ago they had humbly repre-
sented to him, some of the many grievances their
country laboured under ; most of which they were
sorry to say, yet remained,, and daily increased ; that

they

350 THE HISTORY

A. D. they found the queen's good subjects of the province
were continually prosecuted by informations, upon fri-
volous pretences, which rendered that excellent con-
stitution of grand juries useless ; and if continued,
would put it in the power of an attorney general, to
raise his fortune upon the ruin of his country.

That they found it a great charge to the country, that
juries and evidences were brought from remote parts
of the province, to the supreme courts at Burlington
and Amboy ; that it was a great grievance that the
practice of the law was so precarious, that innocent
persons were prosecuted upon informations, and actions
brought against several of the queen's subjects, in
which the gentlemen licensed to practice the law, were
aifraid to appear for them ; or if they appeared, did not
discharge their duty to their clients, for fear of being
suspended, without being convict of any crime deserving
it, or reason assigned; as was done at Burlington, in
May last, to the damage of many of the queen's good
subjects.

That they found the representatives of this her ma-
jesty's province so slighted, and their commands so
little regarded, that the clerk of the crown had refused
to issue a writ for the electing a member wanting in
their house ; they hoped he would consider, and remove
these and many other inconveniencies and grievances
that the province labor'd tinder ; which would enable
them to exert the utmost of their abilities, in support-
ing her majesty's government, and would make them
happy under the mild and meek administration of a
great and glorious queen ; that they doubted not,
were her majesty rightly informed of the poverty and
circumstances of their country, and that their lively-
hoods depended upon the seasons oT the year ; their
most gracious sovereign would pity I heir condition,
and never expect the settlement of any support of go-
vernment, further than from one year to unother.

That

OF NEW-JERSEY. 351

That they found the present militia bill so great a A- D.
grievance to their country, they could never think of
reviving or re-enacting it, as it now was ; though they
were heartily willing to provide for the defence of
their country, which they hoped might be done with
greater case to the people ; that they had been, and
still were endeavouring to answer her majesty's com-
mands, in confirming the right and property of the
soil of the province to the general proprietors, accord-
ing to their respective rights and titles ; and likewise
to confirm and settle the particular titles and estates of
•all the inhabitants, and other purchasers, claiming
under the proprietors ; but tho' they had several
times met in general^ assembly, they had not opportu-
nity to perfect it ; they acknowledge the favour of
being put in mind of providing prisons, court-houses,
and bridges, where such were wanting, which they
should take into consideration.

That they had a bill for settling the qualifications
of juries, prepared last sitting at Amboy, and should
now present it; and thanking him for reminding them
of reviving their former laws ; say, they had before ap-
pointed a committee for that end ; but were impeded
by Boss, the secretary, positively refusing to let them
have the perusal of them ; and that as they had always
used their utmost endeavour in the faithful service of
the queen, and for the benefit of the country ; so they
should still continue to do it with all the dispatch they
were capable of.

Here we part with lord Cornbury's administration. </• Lord

Here Curnbul*-

'7. At a council held nt Amboy, 28th of March, 1708. The
petition of Kdwaril viscount Cornoiirv, late governed' of this pro-
VIIK v ; selling forth, thai he had due to him, sundry Burns of
money, for which he de>ireil warrants, to enable him, if the
ivviinK-'of this province was not able to pay the same, he might
di-mand the same of her majesty, was read, and dismissed.

'Lord

352 THE HISTORY

A. D. Here also we part with his opponent S. Jenings ; his

1 indisposition continued about twelve months, and then
death and finished his life : His many services have occasioned
character. h'im to fa oftea mentioned : His profession of religion
was that of the people called quakers ; he was early
an approved minister among them, and so continued
to his death ; common opinion, apt to limit this sphere
of action, will however allow general rules to have
their exceptions, as instances now and then, though
perhaps but rarely, occur, where variety of talents have
united in the same individual, and yet not interfered ;
such, the accounts of those times (stripped of the local
uncertainties of faction and party) tell us, was the
circumstance with regard to Jenings ; that his autho-
rity, founded on experienc'd candour, probity, and
abilities, enlarged opportunities, rendered him not

in

'Lord Cornbury, (fays a writer, well informed in his character)
'was no less obnoxious to the people of New- Jersey, than to those
'of New- York : The assembly of that province, impatient of his
'tyranny, drew up a complaint against him, which they sent home
'to the queen.

'Her majesty graciously listened to the cries of 'her injur'd sub-
'jects, divested him of his power, and appointed lord Lovelace in
'hisslead; declaring, that she would not countenance her nearest
' relations in oppressing her people.

'As soon as my lord was superceded, his creditors threw him
'into the custody of the sheriff' of New- York; and he remained
'there till the death of his father, when succeeding to the earldom
' of Clarendon, he returned to England.

' We never had a governor so universally detested, nor any who
'so richly deserved the publick abhorrence; in spite of his noble
'descent,, his behaviour was trifling, mean and extravagant.

'It was not uncommon for him to dress himself in a woman's
'habit, and then to patrole the fort in which he resided; such
freaks of low humour exposed him to the universal contempt of
'the people; but their indignation was kindled by his desp tick
'rule, savage bigotry, insatiable avarice and injustice, not only to
'the publick, but even his private creditors; for he left some of
'the lowest tradesmen in his employment unsatisfied in their just
'demands.' Hist, of New- York, p. 116.

He died in 1723. See notes in the Art. Law. Hyde, E. oj
Rochester, Biogr. Brit.

OFNEW-JERSEY. 353

in one capacity or to one society only, but generally f7'ft?'
useful : It is mentioned, that he was of an obliging,
affectionate disposition, yet of a hasty warm temper;
that he notwithstanding managed it with circumspec-
tion and prudence, so that few occasions escaped to
the disadvantage of his character, or of any cause he
engaged in ; that he saw the danger to which his
natural impetuosity exposed him, ; knew his preser-
vation lay in a close attention to his cooler prospects,
and diligently guarding in that spot, experienced the
benefit in many trying events ; that his integrity and
fortitude in all stations, were acknowledged; that his
judgment was the rule of his conduct, and by what
can now be gathered/i this seems to have been but
seldom injudiciously founded; that alive to the more
generous emotions of a mind form'd to benevolence
and acts of humanity, he was a friend to the widow,
the fatherless and the unhappy ; tender, compassionate,
disinterested, and with great opportunities left but a
small estate; that abhorring oppression in $very shape,
his whole conduct discovered a will to relieve and
befriend mankind, far above the littleness of party or
sinister views ; that his sentiments of right and liberty,
were formed on the revolution establishment, a plan
successfully adapted to the improvement of a new
country, or any country; that he was notwithstanding
all this sometimes thought stiff' and impracticable, but
chiefly on account of his political attachments; yet
that there were instances, where better knowledge of
his principles, and the sincerity with which he acted,
totally effaced those impressions, and left him friends
where none were expected : Much of his time, we have
seen, was long devoted to the publick, with a will to
be useful, occasions were not wanting ; West- Jersey and

z Pennsylvania,

354 THEHISTORY

A. D. Pennsylvania/- and New-Jersey after the surrender,
for near twenty eight years successively, were repeated
witnesses of his conduct in various capacities ; he studied
peace, and the welfare of mankind ; but in some instances
met with ungrateful returns; and tho' his endeavours
did not altogether succeed to his mind, he survived
personal accusation, in a great measure, with respect
to himself; and as to the publick, just lived long
enough to see it emerging from an unpromising state
of litigation and controversy, to more quiet than had
been known for many years: His three daughters,
(who were all the children he left) intermarried with
three brothers, of the name of Stephenson, whose
posterity now reside in New-Jersey and Pennsylvania. *-

In the latter end of this year was a new return of
members of assembly; their names were, For the
Eastern division : Thomas Gordon, speaker ; Thomas
Farmer, Elisha Parker, John Royse, John Harrison,
Benjamin Lyon, Gershom Mott, Elisha Lawrence,

John Trent, William Morris, Enoch Machelsen,

Eldridge. For the Western division, Thomas Gar-
diner, Thomas Raper, Hugh Sharp, Nathaniel Cripps,
John Kay, John Kaighn, Richard Johnson, Natha-
niel Breading, Hugh Middleton, John Lewis: This
assembly met, but upon the new governor's arrival,
was dissolved.

r. He lived some years, and bore several important offices in
Pennsylvania.

a. See p. 124, 295.

CHAP.

OF NEW -JERSEY. 355

CHAP. XIX.

Lord Lovelace arrives governor: Convenes a new
assembly ; they apply to him for a hearing on the
subject of the lieutenant governor and councils
application to the queen : His death ; is succeeded by
the lieutenant governor Ingoldsby : The first paper
currency : Arrival of governor Hunter : A short
account of the first expedition to Canada : A new
assembly chosen ; their first session in Hunter's time.

JOHN Lord Lovelace, baron of Hurley, being A. D.
appointed to succeed lord Cornbury; he summoned
the council to meet Jura at Bergen, December 20, 1708,
published his commission, and met a new asssembly l
in the spring, at Perth- Amboy, and informed them by 1709.
speech :

Tli at he was very sensible of great difficulties Speech,
attending the honorable employment in which her
majesty had placed him, and he hoped they would
never fail to assist him to serve the queen and her
people ; that her majesty had shewn, in the whole
•course of her reign (a reign glorious beyond example)
ho\v niin'h she aim'd at the good and prosperity of
her people ; having with indefatigable pains united
her t\vo kingdoms of England and Scotland, and
continued the same application to unite the minds of
all her subjects; that this was her great care, and
ought to be the care of those whom she deputed to

govern

(. For the Eastern division: Elisha Lawrence, Capt. Price. G.
M«tt, — Slu-pard, J. Johnston, T. Gordon, J. Harrison, Tho.
Filtrandnlph, Geo. Duncan, John Trent, L-iw. Vanbuskirk.

NVi-sttM-n division: John Kay, speaker, P. Fretwell, J. Kaigbll,
II Slurp, T. L:unU'rt, John LOW'H, Samuel Smith, — Dennis,
Jacob Spicer, Robert Wheeler, William Bustill.

356 THE HISTORY

A. D. govern the distant provinces, not happy enough by
situation to be under her more immediate govern-
ment ; that as he could not set before him a better
pattern, he should endeavour to recommend himself
to them, by following as far as he was able, her ex-
ample ; that he should not give them any just cause of
uneasiness, under his administration, and hoped they
would bear with one another ; that past differences and
animosities ought to be buried in oblivion, and the
peace and wellfare of the country alone, pursued by
each individual ; that her majesty would not be burthen-
some to her people ; but there being an absolute neces-
sity that the government be supported, he was directed
to recommend that matter to their consideration ; that
they knew best what the province could conveniently
raise for it's support, and the easiest methods of raising
it; that the making a law for putting the militia on a
better footing than it at present stood, with as much
ease to the people as possible, required their considera-
tion ; that he should always be ready to give his assent
to whatever laws they found necessary, for promoting
religion and virtue ; for the encouragement of trade
and industry, and discouragement of vice and pro-
phaneness, and for any other matter or thing relating
to the good of the province.

Aesemblys The assembly, in their turn, told the governor by
address ; that they esteemed it their great happiness,,
that her majesty had placed a person of so much temper
and moderation over them, and made no question he
would surmount every difficulty with honour and
safety.

That her majesty's reign would make a bright leaf
in history ; that it was the advantage of the present,,
and would be the admiration of future ages, not more
for her success abroad, than prudence at home ; that

OP NEW-JERSEY. 357

tho' their distance had and might sometimes be disad- 1709*
vantageous to them, yet they experienced the effect of
her princely care, in putting an end to the worst admi-
nistration New-Jersey ever knew, by sending him,
whose government would always be easy to her ma-
j< -iv's subjects here, and satisfactory to himself, whilst
he followed so great and good an example.

That they had no animosities with one another, but
firmly agreed to do themselves and their country justice;
that they were persuaded none that deserved publick
oensure, would have a share in his esteem ; and doubted
not of meeting with his hearty concurrence in every
iiH'.-Mire, that conduced to peace and good order.

That they shouM support the government to the
utmost of their abilities, and most willingly so at a
time when they were freed from bondage and arbitrary
encroachments, and were convinced that vice and
immorality would no more receive the publick counte-
naixv and approbation.

They assure;! him, all his reasonable desires would be
commands to them; and promised it should be their
study to make his administration as easy and happy
as they could.

The session lasted a month, in which business went
on with unusual smoothness; the assembly obtained
from the governor, a copy of the address (before in-
Berted) from the lieutenant governor and council, to
the queen, in 1707; they thanked him for the favour,
and requested lie would desire the lieutenant governor,
and all that signed the address, to attend him at such time
as IK- thought fit to appoint, to prove their allegations;
and that the house might have leave to be present, and
have opportunity of making their defence, in order to
clear themselves from such imputations.

Tin; governor shewed a ready inclination to grant
thi> request, and appointed a day for a hearing; but by

the

358 THE HISTORY

•A- IX the artifices of t those concerned, it was evaded from
time to time : Whether they at last gain'd their point,
does not appear.

Most of the inhabitants of New-Jersey, now pleased
themselves with the prospect of happy times: With a
change of governors followed a change of measures
and favourites; impartiality and candour succeeded
trick and design ; the tools of the former administra-
tion having nothing but the protection of that to sup-
x port them, sunk into neglect.

It was Cornbury's weakness to encourage men that
would flatter his vanity, and trim to his humours and
measures ; these were sure of his favours ; but the case
was otherwise now : Such of the former favourites as
yet continued in the council, were not without their
share of disesteem ; even the confidence which had
been usually put in that board, on passing the support
bill, was discontinued : The assembly declaring to
Lovelace, that tho' they had an entire confidence in
his justice and prudence, respecting the disposition of
the money for support of government, they had not that
confidence in the gentlemen that were now of her majesty's
council; and that this was the reason they had altered
the former method ; and therefore requested he would
favourably represent it to the queen in their behalf.w-

The

«. The law regulating the qualification of representatives to serve
in general assembly, now passed, is yet in force ; the substance of thi»
and the additional one passed at a different session, but in the same
year, is, that every voter shall have 100 acres of land in his own right,
or be worth £. 50 current money ; that the persons elected, shall
have 1000 acres in his own right, or be worth £. 500 current
money, in personal estate; that the representatives and electors shall
be freeholders, and have estates sufficient to qualify him or them in
the division where electing or chosen ; that the house of representatives
shall be judges of the qualification of their members; that the same
forfei tu res shall attend undue returns as in England ; and that no per-
son shall be chosen a representative, who with his family, does not
reside in the province. See also the laws of 1725 and 1730. VoL
1, p. 142, 195.

OF NEW -JERSEY. 359

The difference of these administrations will appear A- D.

1 / 09,
on a short comparison.

The first on the subject of a support, makes use of
the following expressions : ( That I may not be want-
' ing in my duty in the station the queen has been
< pleased to honour me with ; I shall put you in mind

* of those things, which I think ought to be imme-
' dijitely provided for ; the first of which is providing
' a revenue for the support of government ; the reve-
' nue which the queen expects is fifteen hundred
' pounds a year, for one and twenty years.'

Lord Lovelace, ten months afterwards, upon the
same occasion, speaks as follows : ' Her majesty would
' not be burthensome fc> her people, but there being an
1 absolute necessity that the government be supported ;

* I am desired to recommend that matter to your con-
'sideration ; you know best what the province can con-
' veniently raise for its support, and the easiest method
' of raising it.'

Hence may be seen, that the inhabitants had some
n-ason to promise themselves more happy times than
heretofore; but to their great disappointment, lord
Lovelace died within a few days afterwards, and the I*ord
administration devolved on the lieutenant governor dies.6 *
Ingoldsby, who laid before the assembly the design of
the crown, respecting an expedition against Canada,
under the colonels Nicholson and Vetch; they imme-
diately voted £. 3000, for the service, by an emission
oi' paper bills of credit, but did not now pass the bill.

The lieutenant governor adjourned them for a few
weeks, ami then told them, he had given them ano-
ther opportunity of doing their duty to her majesty, Lieutenant
and what their country re.jiiired at their hands.

That he found in their votes at last sitting, a resolve
for raising £. 3000, for her majesty's service ; that this
was now become a debt, and they had only to consider

of

m

360 THE HISTORY

A; D. of ways and means of raising it ; and that a proper
application was made for the paying of their quota of
men appointed for reducing Canada.

The assembly prepared three bills, one for raising
First pa- £. 3,000,^- another for enforcing its currency, and a
third for the encouragement of volunteers, going on
the Canada expedition ; these bills having received the
governor's assent, the house was adjourn'd to the first
of November, to meet at Burlington ; in November
they met accordingly, but deferred business till De-
cember, when they sat ten weeks, passed 18 bills,
were then adjourn'd, and afterwards prorogued from
time to time, till dissolved by governor Hunter, in

1710.2/.

It

x. Here began the paper currency in New-Jersey : The care of
the legislature respecting it, in this and all the succeeding emissions
being to render the funds for sinking, according to the acts that
created it, secure, and to prevent the currency failing in value; by
changing the bills as they became ragged and torn, and allowing no
re-emissions on any other account whatsoever; it has thence from
the beginning, preserved its credit, and proved of great service to
the proprietors, in the sale of their lands, and to the settlers, in ena-
bling them to purchase and contract, and pay English debts, and go
on with their improvements; the securities when issued on loan,
were double the value in lands, or treble in houses, and five per cent.
interest; but now (1765) there is none current on this footing:
The funds for sinking by tax the money created for the expedition
and other purposes, are mortgages (secured in the acts that make
the respective emissions) on the estates real and personal, in the pro-
vince; hence they are secured as firmly as the province itself; they
are a legal tender to all the inhabitants in the province, and else-
where, but not to others, except while in the province: The re-
mittances of this province to England, being chiefly from New-
York and Philadelphia, and the bills no legal tender there, they can
never operate to the prejudice of English debts ; let exchange be as it
may, because none there are obliged to take them ; this is a par-
ticularity only belonging to the state of trade, of New-Jersey, and
renders a paper currency there, free from the objections usually
made against it in England.

y. For a few months before governor Hunter's arrival, William
Pinhorne, as president of the council, exercised the office of com-
mander in chief.

OF X KW-J K RS K V. 361

It \v:»s in the latter cud of the year 1708, that col. A. D.
Vetch first applied to the court of Great-Britain, for

sea and land forces, to reduce Canada ; he, with col. Colonels

' , Vetch and

Nicholson, obtain d a small force from England, and Nicholson.

instni.-;ion> t<» tin- several governors on the continent
to <rive them what assistance they could : «• They had
a promise of a fleet of ships of war to follow them in
due time ; they came over in the beginning of sum-
mer

z The instructions to the governor of New-York and New-
Jersey, were as follows :

'ANNE R.

' Right trusty and well beloved, we greet yon well : Whereas we
'are tilting out an expedition with great ex pence, for the security of
'our siibjects in your government, from the neighbourhood of the
' French at Canada, which has been very troublesome to them of late
'years: According to certain proposals laid before us by our trusty
'and well beloved colonel Vetch, and pursuant to the many appli-
' rations that have been made to us by our subjects, who have suf-
'fered very much from the French in that neighbourhood; we do
' hereby strictly require and command you, to be assisting to this expe-
'dition, after the manner that the said colonel Vetch shall in our
' name propose to you, and that you look upon those parts of his
'instructions which relate to you, and our governments under
'your cure, and which we have ordered him to communicate to you,
' in the same manner as if they were our positive commands directed
'to yourself, and that you p?.y the same obedience to them:
' And whereas there may be some particulars in our above mentioned
'instructions, as that which concerns the place of rendezvous, in
'which you who live in the country, may be the most proper
'judge; we do therefore leave this and the other the like circum-
'Btances, to be altered at discretion; provided, that colonel Vetch
'and colonel Nicholson, do agree with you in any such alteration;
'and provided you do punctually observe the number of men which
'you are to furnish, and the tim'e when they are to appear and be
'on .i readiness to enter upon their expedition : And so we bid you
' farewell. Given at our court at St. James's, the 28th of February,
'and in the seventh year of our reign.

By her majesty's command,

SUNDERLAND.

'To our trusty and well beloved John Lord Lovelace, our
'captain general and governor in chief of our province
'ol New- York and New-Jersey, in America, or in his
'absence to the commander in chief of the said provinces
'for the time being.'

362 THE HISTORY

*• IX mer 1709,a- and brought with them the following
instructions, directed to col. Vetch.

' ANNE R.

' Instructions for our trusty and well-beloved Col.
' Vetch, to be observed in his negotiations with
* the governors of several of our colonies in
' America : Given at our court at St. James's,
'the 28th day of February, 1708-9, and in the
1 seventh year of our reign.

' Whereas you have laid before us the proposal of
'an enterprize on Canada and Newfoundland, which
' may turn very much to the security and advantage of
'our subjects in those parts of America, as well as
' to the prosperity of our kingdoms in general ; we
' having taken the same into consideration, do entirely
' approve of the said proposal ; and in order to execute
* it effectually, have thought fit to give you these our
' following instructions.

* You shall immediately repair on board the ship
'appointed by our high admiral for the transporting
' of you, with officers as shall be sent under your com-
' mand, to several of our colonies in North- America ;
' upon your arrival at New- York, you. are to deliver
' to our governor of that place a letter from us,, and
'communicate to him these our instructions,, acquaint-
'ing him, that we shall expect from him a punctual

'and

a. The colonels Nicholson and Vetch both appearing at a coun-
cil held at Am boy, the 30th May, 1709, it was concluded, that
George Riscarricks should be forthwith sent to Weequehala, the
Indian sachem, to acquaint him, that the lieut. governor Ingoldsby
expected his attendance on that board forthwith ; and that captain
Aarent Schuyler should forthwith send for Mahooiuinst, Cohcowio
kick, Ohtossolonoppe, Meskakow and Teetee, sachems of the
Minisinks and Shawhona Indians; who appearing «oon afterwards,
joined in the undertaking; and Ingoldsby, governor of New-Jersey,
G. Saltonstall, governor of Connecticut, and C. Gookin, governor
of Pennsylvania, jointly commissionated colonel Pet^r Schuyler, the
23d of May, 1709, to be over these and the other Indians on this
expedition; and soon afterwards the said three governors joined in
a petition to Nicholson, that he would take upon him the chief
command of the expedition ; after which he bore the name of
general Nicholson.

OF NEW- JERSEY. 363

' and ready compliance in all such as relate to him ; A. D.

' you shall represent to him, that out of a great desire 1710'

' to answer the frequent applications which have been

' made to us, by our good subjects the inhabitants of

' those parts, to deliver them from the neighbourhood

< of the French of Canada, which of late years hath

' been so troublesom to them ; we have fitted out an

' expedition, the particulars of which you shall lay

' before him, and withal let him know, that we strictly

' require and enjoin him, to give such an assistance to

' the said expedition, as is hereafter specified.

' You shall signify to him our pleasure, that the
'governor of New- York do furnish a quota of eight
' hundred men, including the four standing companies;
' and that the city regiments of York and Albany do
' duty in the forts, during the absence of the said
' standing companies? You shall at the same time
' acquaint him, that New-Jersey is to furnish two

* hundred men ; Connecticut three hundred and fifty,
1 and Pennsylvania one hundred and fifty; so that the

* whole force will consist of fifteen hundred effectives ;
' which are to be disposed into four battalions ; each
' battalion to have one of the four regular companies
' mixed and incorporated in it, and to be commanded
' by the captains as colonel whose company is so in-

* corporated in it, and under him by the respective
1 officers of the country troops ; the officers that go
1 with you, and are designed for New York, to be
'distributed among the companies, as the governor in

* concert with the commander in chief, shall think best
4 for the service.

' You shall likewise acquaint our aforesaid gover-
' nor, in our name, that we do command and expect
1 from him, that the quotas of his government, be
' ready at Albany, with all things necessary for the
' expedition, by the middle of May next ensuing, at

* the furthest; and that he furnish all the troops with
' what arms and ammunition they want, out of the
' nia^a/ine at New York; and that he do forthwith
' get together and keep in readiness, three months pro-

' vision

364 T H E H I S T O R Y

A. D. < vision for his quota of those, to be transported and
l.it). * lodged in some convenient place at the wood creek,
' or elsewhere ; for the security of which, he shall, in
' conjunction with the governments of Connecticut
' and Pennsylvania, cause to be built a large wooden
'store house; as also six or more large boats, that will
' carry sixty men each, for the transportation of theii
' heavier stores by water ; and also contract with the
' five nations, to make with all speed, as many canoes
' as will be wanted for the said expedition.

1 You shall moreover enjoin the aforesaid governors
'in our name, to command and engage the aforesaid

* five nations, as also the river Indians, to join with
' all their fighting men in the said expedition, and
'promise them a good present if they do; you shall
' likewise acquaint them, that it is our pleasure that he
1 give all fitting encouragement to any gentlemen, or
' others, that shall offer themselves to go as volunteers
' in this our service.

' You shall deliver a letter from us to the governor of
' Connecticut, and another to the governor of Pennsyl-
( vania, for the time being, and signify to them our
' royal will and pleasure, that they have their quotas
' of men and provisions ready by the middle of May
' at furthest ; acquainting them withal, that the gover-
' nor of New- York is ordered to assist them with what
4 arms and ammunition they shall want.

' After having finished your negotiations for the
Aforegoing expedition, with all possible secrecy and
' dispatch, you shall deliver a letter from us to our
' governor of New-England, and another to the gover-
' nor of Rhode-Island, for the time being, strictly en-
' joining and commanding them in our name, to raise

* at least twelve hundred of their best men, according
4 to their usual proportions ; and to give all fitting en-
' couragement to any such as shall offer themselves to
' go volunteers in the expedition, whether gentlemen
'or others; as also to have in readiness a sufficient
'number of transports, with three months provisions,

'and

OF NEW-JERSEY. 365

' and able pilots, whereof capt. South wech&- is to be A. D.

'one, and to go in his own galley ; and that all may 1/10'

'be ready to embark by the middle of May, upon

' the arrival of the fleet from England ; and for their

' ijivatrr encouragement, you shall acquaint them, that

' we liave ordered arms and ammunition to be sent

1 with you, for the number of troops they are to

1 furnish ; which arms and ammunition you shall

' accordingly deliver to the several companies, in pre-

' srnce of the governor or commissary of the country,

* taking a receipt for the same, which you shall trans-

1 init to our board of ordnance in this kingdom.

' You shall with the concurrence and advice of our
' governor of New-England, contract with ship ear-
' pcnters, for the building of ten or more large flat
' bottom'd boats, that will carry sixty men each, for
' the landing of troopS ; and also contract with proper
' persons for the furnishing of eight months provision
' to the troops that shall be left at Quebec or Montreal,
' if it shall please God to make our forces masters of
1 those places, and to give us the success that we hope
'for from this our expedition.

1 And to the end, that nothing may be wanting on
'our parts, towards engaging the several governments
' to act with the utmost spirit and vigour in this expe-
'dition, you shall assure them in our name, that such
'of the governments as contribute towards the red uc-
' tion of Canada, shall have a preference both with
ird to the soil and trade of the country, when
1 reduced, to any other of our subjects ; and when they
'shall have concerted among themselves any reasonable
' proposals, for securing to their respective colonies the
' benetit of the said soil and trade, we shall not be
1 wanting to give our royal sanction to the same.

' You >ha!l communicate these our instructions to

' col«»nel Francis Nicholson, who hath offered himself

• as a voluntier in this expedition; and further,

' out of regard to his known abilities and zeal for our

' service

b. He was master of the province galley, belonging to the-
IfttMachaaetta government.

366 THE HISTORY

A. D. 'service, we do require, that you should admit him
1710. t 'info vour private consultations with our several gover-
' nors, on the methods for putting this your proposal
'into execution ; and if by reason of the distance of
'time and place, any other preparations may be neces-
'sary for the carrying on this expedition, which we
'could not here foresee, and which is not contained
' in these your instructions, you shall, with the concur-
' rence of the governor, who is to assist in any such
' service, and of colonel Nicholson, make any such
' peparations, tho' it is not in your instructions ; pro-
' vided, that it appear to you absolutely necessary for
' the carrying on of the expedition aforesaid, and that
' the governor and colonel Nicholson do entirely concur
' in judging it to be so. A. R.

1 SUNDERLAND.'

Being arrived, they did their best at raising forces
on the continent ; but a difference arising among the
"ministry at home, the ships of war expected from
thence, came not : They waited without doing any
thing till the winter, and then Nicholson went back
to England, to solicit further assistance, and forward
what had been proposed ; to do this with more proba-
bility of success, four Indian sachems of the Five
now Six Nations, were prevailed upon to take a voyage
to England, to assist what they could in persuading
this Expedition : c. With these went over col. Schuyler,

They

c. Indians in England were then a strange sight; these sachems
were also considered in proportion to the faithfulness and importance
of the nations they belonged to, and accordingly much taken notice
of: The court was in mourning for the death of George prince
of Denmark, the sachems at the queen's expence had nnder-cloaths
of black, covered with a scarlet mantle, edged with gold; they
were carried to court in coaches, and introduced in form to (he
queen; one of them made a speech, setting forth, that they
doubted not die queen WHS acquainted with their long and tedious
^war against the French, in conjunction with her children, (subjects)
that they had been a strong wall for the security of these, even to the
•loss of their best men, as Quider and Anadagarjaux (Schuyler and

Nicholson)

O F N E W - J E R S E Y . 367

They sail'd early in the year ; had several conferences A. D.
with the lords of trade ; and with Nicholson and the
forces he brought, returned in the summer, and arrived
at Boston.

According to the instructions to the governments on
the continent, for getting their assistance in readiness,
a considerable armament was raised, and set out from
Boston September 18. The fleet consisted of the
Dragon, Falmouth, Leostaff, Feversham, men of
war, the Star bomb, and the Massachusetts province
galley, with transports, in all thirty-six sail ; the forces
on board were, one regiment of marines from England,
two regiments of Massachusetts Bay, one regiment of
Connecticut, and one of New-Hampshire and Rhode-
Island, commissioned by the queen, armed and victual-
ed in part by her gift, and part by the several colonies,
towards which New-Jersey was £.3,000; they arrived
at Port-Royal, now called Annapolis-Royal, in six days
sail from Boston ; after some small canonading and
bombarding, the French governor Subercasse, capitu-
lated ; October 5, the fort was given up, and col. Vetch,
according to the instructions for that purpose, became

governor ;

Nicholson) could testify; that they were glad an Expedition to
Canada hud been undertaken, and had assisted in the preparations
on the lake, whilst Anidiasia (Vetch) at the same time was raising an
army at Boston ; that as some important affair had prevented the
expected fleet, and rendered the design for that season abortive; they
were left much exposed; and if the Queen was not still mindful of
th-'iu. they with their families must forsake the country, and seek
oilier habitations, or stand neuter; either of which would be much
air .ii nst their inclinations ; they concluded with presenting some belts
of wampum.

A fter this they were magnificently entertained by several of the
nobility, and were once present at the revit.w oi the guar Is in Hyde-
Park, with t!u- duke or Onmmd at their head ; to him they made a . %•
sprerli, and presented hi.u with three skins, to enforce a request, that
he \vouM forward th-ir bu-iness with the queen. On their return, at
Southampton, Admiral Aylmer, who commanded a fleet there.
Hem l>n yaie.h to bring them on board; they dined with him, and
then sailed for America.

368 THE HISTORY

A. D. governor ; the terms of the capitulation were, that
all the French, being four hundred and eighty one
persons, within three miles of the fort, should be
under the protection of Great-Britain, upon taking
the oaths of allegiance ; the other French settlers were
left at discretion ; that in case the French made incur-
sions upon the frontiers of New-England, the British
should make reprisals upon the French in Nova-Scotia,
by making some of the chief of their inhabitants slaves
to their Indians; notwithstanding this, the French of
L'Accadia, soon after committed hostilities; tho? the
Port-Royal and Cape-Sable Indians desired terms of
amity and alliance -might be settled with them; which
was accordingly done. The men of war and transports
sailed again for Boston, October the 14th, leaving a
garrison in Port-Royal of two hundred marines and
two hundred and fifty of the new raised voluntiers from
the continent ; which were the next year relieved by
four hundred of the troops destin'd for Canada.

Nova-Scotia had continued with the French from
the year 1662 (except the momentary reduction and
possession of it by sir William Phips, in 1690.rf ) until
now; this acquisition afterwards confirmed to Great-
Britain by the treaty of Utretcht, hath so remained
ever since.

The design respecting Canada, was for this year laid
aside ; the earl of Dartmouth, secretary of state, wrote
to governor Hunter upon the subject, and to encourage
an attempt upon Port-Royal, as follows :

< Sir, Whitehall, August 1710.

xLarl 01 • • i

Dart- ' The quee